The Court quashed the FIR and ancillary proceedings under Section 482 Cr.P.C. following a voluntary compromise between the parties, citing the interest of social peace and following the principle established in Kulwinder Singh.
The FIR No. 180 dated 3.5.2018 and all consequential proceedings were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CRM-M No. 38333 of 2018
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No. 38333 of 2018 DATE OF DECISION :- October 03, 2018
Ish Gosain
...Petitioner
Versus
State of Haryana and another ...Respondents
CORAM: HON'BLE MR. JUSTICE H.S. MADAAN
Present :- Mr. N.S. Shekhawat, Advocate for the petitioner.
Mr. Gaurav Bansal, AAG, Haryana.
Mr. Shobit Phutela, Advocate for respondent no. 2.
Petitioners – Ish Gosain has brought the instant petition under Section 482 Cr.P.C. for quashing of FIR No. 180 dated 3.5.2018, for offences under Sections 323/377/498-A/506/509 IPC, registered at Police Station Shivaji Nagar, Gurugram, against him, alongwith consequential proceedings arising therefrom, on the basis of compromise, stated to have been effected between him and complainant Himanshi-arrayed as respondent No.2.
It is stated that F.I.R. is at the stage of investigation. Petitioner Ish Gosain and his wife Himanshi-complainant are residing together.
When the petition came up for hearing on 4.9.2018, notice of motion was ordered to be issued. The respondent No. 1 - State of Haryana through State counsel, whereas respondent No.2 through Mr. Shobit
PARVINDER SINGH 2018.10.04 14:58 I attest to the accuracy and integrity of this document Chandigarh
CRM-M No. 38333 of 2018 2
Phutela, Advocate, had put in appearance. Then in light of the contention that parties have since effected compromise, they were directed to put in appearance before the trial Court to get their statements recorded with regard to compromise and the trial Court was directed to send a report to this Court.
Report has been received from Chief Judicial Magistrate, Gurugram, in terms of which complainant Himanshi and accused, namely, Ish Gosain, had appeared there and their statements were recorded, in terms of which they have admitted to have entered into a voluntary compromise, with free will, without any pressure, coercion or undue influence. Further complainant has stated that she has no objection if the FIR in question is quashed by this Court. There is nothing on record to doubt the genuineness of the compromise so arrived at between the parties. It has been reported that no accused has been declared proclaimed offender in the FIR in question. Alongwith the report statement of the complainant and all the accused, in original, have been annexed.
I have heard learned counsel for the petitioner and learned State counsel, besides going through the record.
The dispute between the parties has been resolved amicably, which appears to have been arrived at between them voluntarily without any threat or coercion and in terms of ratio of the authority reported as Kulwinder Singh and others vs. State of Punjab and others 2007 (3) RCR (Criminal) 1052, where in para 28, it has been held as under :-
“The compromise, in a modern society, is the sine
PARVINDER SINGH 2018.10.04 14:58 I attest to the accuracy and integrity of this document Chandigarh
CRM-M No. 38333 of 2018 3
qua non of harmony and orderly behaviour. It is the soul of justice and if the power under Section 482 of the Cr.P.C. is used to enhance such a compromise which, in turn, enhances the social amity and reduces friction, then it truly is “ finest hour of justice ”.”
It has been observed that High Court has power to quash prosecution in order to achieve ends of justice and to prevent abuse of process of law. Though such powers are unlimited but those are to be exercised sparingly and with utmost care and caution. Though there is no statutory bar which can effect the inherent power of High Court under Section 482 Cr.P.C.
The compromise is in interest of peace and tranquility in the society and for such like reasons this Court can quash the FIR and ancillary proceedings exercising power under Section 482 Cr.P.C., it appears to be a fit case to exercise such powers.
Accordingly, the petition is allowed and the abovesaid FIR alongwith ancillary proceedings are hereby quashed.
(H.S. MADAAN) JUDGE
October 03, 2018 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No
PARVINDER SINGH 2018.10.04 14:58 I attest to the accuracy and integrity of this document Chandigarh
3 issues framed by the court
Whether the FIR under Section 482 Cr.P.C. should be quashed in light of the compromise between parties.
Whether the compromise was voluntary and without coercion.
Whether the case warrants exercising inherent powers under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Kulwinder Singh and others vs. State of Punjab and othersReferred¶22
Kulwinder Singh and others vs. State of Punjab and others 2007 (3) RCR (Criminal) 1052
2 provisions across 2 enactments
Ish Gosain
State of Haryana
Himanshi
H.S. Madaan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
