- Court
- High Court of Punjab and Haryana
- Decided
- 12 March 2024
- Bench
- Sumeet Goel
- Case no.
- CRM-M 25091/2023
Judgment
SUMEET GOEL , J .
1. By way of present petition, the petitioner is seeking quashing of FIR No.54 dated 31.07.2021 under Sections 363 and 366-A of IPC, registered at Police Station, Block Majari, District SAS Nagar, and all consequential proceedings arising therefrom on the basis of compromise dated 31.08.2022 (Annexure P-2), which is stated to have been effected between the parties.
¶2On 16.02.2024, the following order was passed: "At the oral request of learned counsel for the petitioner, the victim namely Payal daughter of Harjinder Singh Resident of Fathepur Sayalba, Block Majri, District Mohali is impleaded as a party-respondent No.3 in the present petition. Registry is directed to carry out the requisite correction in the memo of parties. Issue notice to the respondent No.3. At this stage, Mr. Narinder Saini, Advocate has entered appearance on behalf of respondent No.3 and submits that he shall file the requisite memo of appearance in the Registry today itself. The parties are directed to get their statements recorded qua the factum of compromise in the following manner:
(i) The petitioner shall appear before the trial Court/Illaqa Magistrate concerned on 28.02.2024 or any date thereafter as fixed by trial Court/Illaqa Magistrate for recording statement of JATIN the petitioner as well as of the complainant qua the factum of authenticity of this order/judgment compromise. As and when any such appearance is made, the CRM-M-25091-2023 2 2024:PHHC:035266 trialCourt/Illaqa Magistrate shall do the needful for recording the statements of the parties qua the factum of the compromise. It shall be open to the trial Court/Illaqa Magistrate to either record the statements of the parties by physical process or by video conferencing as deemed appropriate by the trial Court/Illaqa Magistrate.
(ii) In case the statement is to be recorded by way of video conferencing, the parties concerned shall be duly identified through video conferencing by their respective counsel, subject to the satisfaction of the Presiding Officer.
(iii) The trial Court/Illaqa Magistrate may also choose to get the statements of the parties recorded through some Commissioner, appointed by the Court who would be some Advocate having sufficient standing at the Bar. In case the statement is recorded through some Commissioner, such Commissioner/Advocate shall furnish an affidavit after recording statements to the effect that the parties had appeared before him/her and he/she had recorded their statements as per law and that the said parties had been duly identified by their respective counsel. This shall be subject to satisfaction of trial Court/Illaqa Magistrate. After recording the statements of all the affected parties in either of the aforesaid manner, the trial Court/Illaqa Magistrate shall submit its report on the basis of the statements so recorded as to whether all the affected parties have entered into a compromise and as to whether the compromise in question is found to be a valid compromise and has been effected without there being any kind of influence or coercion. The trial Court/Illaqa Magistrate shall also report as regards the following facts after seeking information from Investigating Officer, concerned:
(i) Whether there is any other accused other than the petitioner, arrayed in this petition?
(ii) Whether there is any other complainant or affected/ aggrieved party other than the respondents, arrayed in the petition?
(iii) Whether any accused has been declared Proclaimed Offender? The report be submitted before this Court before the next date of hearing i.e. 12.03.2024.".
¶3Pursuant to the aforesaid order, report dated 11.03.2024 from Sub Divisional Judicial Magistrate, Kharar has been received, which is taken on record. As per the report, the Trial Court has recorded as follows:-"Kindly refer to the subject cited matter. This court was directed to record the statements of the parties regarding compromise and to submit report regarding genuineness of the compromise on or before 12.03.2024. Complainant namely Harjinder Kumar son of Narata Singh, Resident of Fatehpur Sayalba, Block Majri, District S.A.S. Nagar, Mohali as well as accused namely Gurpreet Singh son of Gurmeet Singh, resident of village Sanghol, Tehsil Khamano, District Fatehgarh Sahib appeared and their statements were recorded as to compromise. Complainant namely Harjinder Kumar suffered statement that he has no objection if the FIR is quashed against accused Gurpreet Singh. JATIN As per statements made by the parties, the compromise was authenticity of this order/judgment entered into without any undue influence or without any pressure. CRM-M-25091-2023 3 2024:PHHC:035266 In my opinion, compromise appears to have been made voluntarily and is genuine. It is submitted that as per the information provided by Investigating Officer ASI Sh. Parminder Singh No.98/S.A.S.kNagar (Mohali):-
1. As per report of Investigating Officer, no other accused other than the petitioner arrayed in this petition. The FIR was registered against Naresh Kumar. Accused Harwinder Singh, Shiv Kumar and Gurpreet Singh were nominated in this case as accused lateron on the statement of victim Payal. But the case was quashed against the accused-persons namely Naresh Kumar. Harwinder Singh and Shiv Kumar vide order dated 16.03.2022 passed in CRM-M-41640 of 2022 by the Hon'ble Punjab & Haryana High Court.
2. As per report of Investigating Officer there is one complainant namely Harjinder Kumar and one victim namely Payal in the present case.
3. As per report of Investigating Officer accused Gurpreet Singh has not declared proclaimed offender/person. It is further submitted that complainant or affected/aggrieved party namely Harjinder Kumar appeared and recorded his statement in support of the compromise. It is further submitted that the compromise appears to be genuine, voluntary and without any coercion or undue influence. The statemerit of complainant Harjinder Kumar as well as accused Gurpreet Singh referred to above in original, are being sent herewith for your kind perusal. Report is hereby submitted please."
¶4Learned counsel for respondent Nos.2 & 3 admits the factum of parties having compromised and states that he has no objection in case the FIR and all proceedings subsequent thereto against the petitioner is quashed.
5. Similarly, learned State counsel has stated no objection in case the FIR is quashed based upon the compromise (Annexure P-2).
¶6I have heard learned Counsel for the parties and have carefully gone through the records of the case.
¶7This Court and the Hon'ble 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 CRM-M-25091-2023 4 2024:PHHC:035266 (Criminal Appeal No.1489 of 2012 decided on 29th of September, 2021). The proposition of law that emerges from the aforesaid decisions rendered by the Hon'ble Apex Court and this Court is :
(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/ JATIN charges framed during the trial. Such exercise CRM-M-25091-2023 5 2024:PHHC:035266 cannot be carried out while the matter is still under investigation.
(g) While quashing FIR in non-compoundable offences even which are of 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.
¶8Learned counsel for the parties, in support of their contentions have relied upon the following judgments :-
i) Ranjeet Kumar versus State of H.P. & Ors. in case CRM-M-648 of 2023 decided on 08.12.2023 by the High Court of Himachal Pradesh, Shimla.
ii) Arif Khan versus The State and another in case W.P.
(CRL) 1064/2023 decided on 09.01.2024 by the High Court of Delhi at New Delhi.
iii) Sukhchain Singh and others versus State of Punjab and others 2021(4) R.C.R. (Criminal) 81.
iv) Ananda DV Vs. State and another 2021 SCC Online SC 3423.
9. 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) As per the report received the compromise is said to be voluntary in its nature.
(iv) Complainant/victim is reported to have entered into compromise on his own volition. CRM-M-25091-2023 6 2024:PHHC:035266
¶10Consequently, the petition is allowed. FIR No.54 dated 31.07.2021 under Sections 363 and 366-A of IPC, registered at Police Station, Block Majari, District SAS Nagar, and all consequential proceedings arising therefrom on the basis of compromise dated 31.08.2022 (Annexure P-2), are, hereby, quashed qua the petitioner. (SUMEET GOEL) JUDGE March 12, 2024
Case details
Parties and counsel
CRM-M-25091-2023 1 2024:PHHC:035266 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-25091-2023 Date of decision: 12.03.2024 GURPREET SINGH ....PETITIONER V/s STATE OF PUNJAB AND OTHERS ....RESPONDENTS CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. K.S. Saini, Advocate for the petitioner. Mr. Yuvraj Singh Tiwana, AAG, Punjab. Mr. Narinder Saini, Advocate for respondent No.2 & 3. *****
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.