Dilbagh Singh vs State Of Punjab And Another

H.S. Madaan, J

Petitioner â€" Dilbagh Singh has brought the instant petition under Section 482 Cr.P.C. for quashing of FIR No. 02 dated 06.01.2018, for offences

under Section 295 IPC, registered at Police Station Kamboj, District Amritsar Rural, against him, along with consequential proceedings arising

therefrom, on the basis of compromise, stated to have been effected between him and complainant Sunny- arrayed as respondent No.2.

When the petition came up for hearing on 25.07.2019, notice of motion was ordered to be issued. Respondent No. 1 - State of Punjab through State

counsel, whereas respondent No.2 through Ms. Anjali Rani, 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 Illaqa Magistrate/trial Court to get their statements recorded with regard to

compromise and was directed to send a report to this Court.

Report has been received from Chief Judicial Magistrate, Amritsar, in terms of which complainant Sunny and accused, namely, Dilbagh Singh, had

appeared there and their statements were recorded, in terms of which they have admitted to have entered into a voluntary compromise, without any

kind of threat, fear or pressure. Further, the complainant has stated that he 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. Along with the report statement of the complainant

and the accused, have been annexed.

I have heard learned counsel for the parties 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) 105,2

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 socfal Omfty 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.

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 above said FIR along with ancillary proceedings are hereby quashed.