- Court
- High Court of Punjab and Haryana
- Decided
- 29 February 2024
- Bench
- Sumeet Goel
- Case no.
- CRM-M 40071/2023
Judgment
SUMEET GOEL , J. (Oral)
¶1By way of present petition, the petitioners are seeking quashing of FIR No.0076 dated 23.07.2020 under Sections 406, 498-A, 323, 506, 34 of the Indian Penal Code, 1860 registered at Police Station Morinda, District Rupnagar and all consequential proceedings arising therefrom on the basis of compromise/affidavit dated 12.05.2023 (Annexure P-2), which is stated to have been effected between the parties. 2 On 18.08.2023, the following order was passed: "The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0076 dated 23.07.2020 under Sections 406, 498-A, 323, 506, 34 of the Indian Penal Code, 1860 registered at Police Station Morinda, District Rupnagar, and all other consequential proceedings arising there-from, on the ground that the parties have since compromised the matter vide compromise deed dated 12.05.2023 (Annexure P-2). Learned counsel for the petitioners would contend Jasmine Kaur that the present FIR is a result of matrimonial discord CRM-M-40071-2023 (O&M) 2 2024:PHHC:029133 and the parties have since compromised the matter and have also entered into a written settlement dated
12.05.2023 (Annexure P-2). It is further contended that pursuant to the said settlement, a petition under Section 13-B of the Hindu Marriage Act, 1955 has also been filed and the statements of first motion stand recorded therein. Learned counsel for the petitioners has relied upon the judgment by the Hon'ble Supreme Court rendered in "Gian Singh V/s State of Punjab & Anr." [2012 (10) SCC 303] and the Larger Bench's judgment of this Court in "Kulwinder Singh & Ors. Vs. State of Punjab & Anr." [2007 (3) RCR (Criminal) 1052]. Notice of motion. On the asking of the Court, Mr. M.S. Tiwana, AAG Punjab accepts notice on behalf of for respondent No.1-State and Mr. Vikas Malik, Advocate accepts notice for respondent No.2. Copy of the petition has already been supplied to both the counsel. Learned counsel appearing for respondent No.2 has stated that all the disputes between the parties stand resolved and the parties have voluntarily entered into a compromise vide compromise deed dated 12.05.2023 (Annexure P-2). He further states that respondent No.2 has no objection if the aforesaid FIR is quashed. List on 30.11.2023. Meanwhile, the parties are directed to appear before the concerned CJM/Illaqa Magistrate/Trial Court on 14.09.2023, or on any other date convenient to the Court, for recording of their statements. The CJM/Illaqa Magistrate/Trial Court is directed to record the statements of the parties to its satisfaction qua the genuineness of the compromise and that the same is not the result of any undue influence, coercion or pressure of any kind. A report, along with the statements of the parties, on the following points be sent to this Court before the next date of hearing : 1) Whether the settlement/compromise dated
12.05.2023 (Annexure P-2) has been freely entered into between the parties without any undue influence, coercion or pressure of any kind. 2) Whether any other criminal cases are pending against the parties. 3) Whether any proclamation proceedings are pending against either of the parties."
3. Pursuant to the aforesaid order, report dated 07.11.2023 from ld. CJM, Rupnagar, has been received, which is taken on record. As per the report, the Trial Court has recorded as follows:- CRM-M-40071-2023 (O&M) 3 2024:PHHC:029133
¶1Whether the It is respectfully submitted that from settlement/compromise dated the statements of parties got
12.05.2023 (Annexure P-2) has recorded by them in the court, it been freely entered into between appears that complainant and the the parties without any undue petitioners-accused have effected influence, coercion or pressure voluntary compromise out of their of any kind? own sweet will, without any pressure and coercion of any manner
¶2Whether any other criminal As per statement of the Investigating cases are pending against the Officer, no other criminal parties proceedings except the present one is pending against the parties in any Court.
¶3Whether any proclamation As per statement of the Investigating proceedings are pending against Officer, appearing accused-either of the parties petitioners have never been declared proclaimed offender in the present case at any stage.
4. Learned counsel for respondent No.2 admits the fact of parties having compromised and states that he has no objection in case the FIR and all proceedings subsequent thereto against the petitioners are quashed.
5. Similarly, learned State counsel has stated no objection in case the FIR is quashed based upon the compromise (Annexure P-2). 6 I have heard learned Counsel for the parties and have carefully gone through the records of the case.
7. This Court and Apex Court has repeatedly dealt with the issue of exercise of jurisdiction under Section 482 of the Code to quash proceeding in non-compoundable offences in the cases of Gian Singh vs. State of Punjab and another, 2012(10) SCC 303, Kulwinder Singh & others vs. State of Punjab & another, 2007 (3) RCR (Criminal) 1052 and Ram Gopal and another vs. State of Madhya Pradesh, 2021(4) R.C.R. (Criminal) 322 (Criminal Appeal No.1489 of 2012 decided on 29th of September, 2021). The proposition of law that emerges from the aforesaid decisions rendered by Apex Court and this Court is : CRM-M-40071-2023 (O&M) 4 2024:PHHC:029133
(a) Power u/s 482 Cr.P.C. vested with this Court is much wider and is unaffected by Section 320 of the Code.
(b) However, wider the power greater the caution.
(c) The underlining principle while exercising such power is that it can be invoked to quash the proceedings recognizing compromise between the parties in the matters which are overwhelmingly and predominantly of civil character like commercial transactions or arising out of matrimonial relationship or family disputes.
(d) The said power is not to be exercised in the prosecutions involving heinous and serious offences of mental depravity or offences like murder, rape, dacoity etc. as such offences are not private in nature and have a serious impact on society.
(e) Section 482 Cr.P.C. casts duty upon the High Court to advance interest of justice as well. It is in recognition of this duty casted upon the High Court, that Apex Court held that the High Court would not refuse to quash FIR under Section 307 merely because FIR finds mention thereof. High Court can assess nature of injuries sustained, whether such injuries inflicted on vital/delicate parts of the body/nature of weapons used etc.
(f) Such exercise at the hands of High Court would be permissible only after the evidence is collected after investigation and chargesheet is filed/charges framed during the trial. Such exercise cannot be carried out while the matter is still under investigation.
(g) While quashing FIR in non-compoundable offences even which are private in nature, High Court is required to consider antecedents of the accused, conduct of the accused and whether he was absconding or whether he has managed the complainant to enter into a compromise. 8 Thus, keeping in view the aforesaid facts and circumstances, this Court is of the considered opinion that it is a fit case to exercise jurisdiction vested u/s 482 Cr.P.C. to quash the FIR as :-
(i) Putting a quietus to the proceedings will bring peace and tranquility amongst parties & will accordingly further the cause of substantial justice.
(ii) The offences alleged are primarily of private nature.
(iii) The parties have compromised.
(iv) As per the report received the compromise is said to be voluntary in its nature.
(v) Complainant/victim is reported to have entered into compromise on his own volition. CRM-M-40071-2023 (O&M) 5 2024:PHHC:029133 9 Consequently, the petition is allowed. FIR No.0076 dated
23.07.2020 under Sections 406, 498-A, 323, 506, 34 of the Indian Penal Code, 1860 registered at Police Station Morinda, District Rupnagar and all consequential proceedings arising therefrom on the basis of compromise/affidavit dated 12.05.2023 (Annexure P-2), are, hereby, quashed qua the petitioners.
29.02.2024 (SUMEET GOEL) Jasmine Kaur JUDGE Whether speaking/reasoned Yes No Whether reportable Yes No
Case details
Parties and counsel
CRM-M-40071-2023 (O&M) 1 2024:PHHC:029133 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-40071-2023 (O&M) Date of Decision: 29.02.2024 Gurpreet Singh and others .. Petitioners Vs. State of Punjab and another ..Respondents CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. A.S. Saini, Advocate for the petitioners. Mr. Yuvraj Singh Tiwana, Asstt. A.G., Punjab. Mr. Vikas Malik, Advocate for respondent No.2 ...
Source: High Court of Punjab and Haryana, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.