Sukhdev Singh And Others vs State Of Punjab And Others

H.S. Madaan, J

Petitioners â€" Sukhdev Singh, Major Singh, Manpreet Singh, Jagmeet Singh, Jagseer Singh, Kulveer Singh and Basant Singh have brought the instant

petition under Section 482 Cr.P.C. for quashing of DDR No.29 dated 25.05.2020, for offences under Sections 323, 324, 148 and 149 IPC in FIR

No.57 dated 23.05.2020, for offences under Sections 323, 341, 148 and 149 IPC (Sections 352 and 452 IPC added later on), registered at Police

Station Sadar Malout, District Sri Muktsar Sahib, against them, along with consequential proceedings arising therefrom, on the basis of compromise,

stated to have been effected between them and complainant/injured Rajveer Singh, Ramandeep Singh and Dilbag Singh-arrayed as respondents No.2

to 4 respectively.

It is stated that the challan has since not been filed and the case is still at the stage of investigation.

When the petition came up for hearing on 23.12.2020, notice of motion was ordered to be issued. Respondent No. 1 - State of Punjab through State

counsel, whereas respondents No.2 to 4 through Ms. Kuljinder Bir Kaur, 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/Illaqa Magistrate 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, Malout, in terms of which complainant/injured Rajveer Singh, Ramandeep Singh, Dilbag

Singh and accused, namely, Sukhdev Singh, Major Singh, Manpreet Singh, Jagmeet Singh, Jagseer Singh, Kulvir Singh and Basant Singh, had appeared

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

any coercion, fraud or misrepresentation. Further, the complainant/injured have stated that they have no objection if the DDR 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/injured and all 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 Anr. 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.

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 DDR along with ancillary proceedings are hereby quashed.