Amarjit Singh and others vs State of Punjab and another

Petitioners Amarjit Singh and others have brought the instant petition under Section 482 Cr.P.C. for quashing of FIR No. 14 dated 11.02.2017, for

offences under Sections 406, 498-A and 506 of IPC, registered at Police Station Women, District Ludhiana, against them, alongwith consequential

proceedings arising therefrom, on the basis of compromise, stated to have been effected between them and complainant Gagandeep Kaur - arrayed as

respondent No.2.

When the petition came up for hearing on 28.11.2017, notice of motion was ordered to be issued. Mr. Arjun Veer Sharma, Advocate, had put in

appearance on behalf of respondent No.2. 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 Judicial Magistrate 1st Class, Ludhiana, through District and Sessions Judge, Ludhiana, in terms of which complainant

Gagandeep Kaur and accused, namely, Amarjit Singh, Daljeet Kaur, Rajwinder Kaur and Sarabjit Singh 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 petitioners, 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 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 justiceâ€​.â€​

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.

It is stated that challan has not been filed so far.

It is further stated that Amarjit Singh and Gagandeep Kaur are residing together.

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 is hereby quashed.