- Court
- High Court of Punjab and Haryana
- Decided
- 15 March 2024
- Bench
- Sumeet Goel
- Case no.
- CRM-M 63763/2023
Judgment
SUMEET GOEL , J .
¶1By way of present petition, the petitioners are seeking quashing of FIR No.19 dated 14.04.2016 under Sections 406 and 498-A (added later) of IPC, registered at Police Station Women, District Bathinda and all consequential proceedings arising therefrom on the basis of compromise dated 09.11.2023 (Annexure P-2), which is stated to have been effected between the parties.
2. On 18.12.2023, the following order was passed: "This is a petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.19 dated 14.04.2016 under Section 406 of the Indian Penal Code, 1860 (Section 498-A IPC was added later on) registered at Police Station Women, District Bathinda (Annexure P-1), and all other consequential proceedings arising there-from, on the basis of a compromise JATIN dated 09.11.2023 (Annexure P-2). CRM -M-63763-2023 2 2024:PHHC:037485 Learned counsel for the petitioners would contend that the present FIR is the result of a matrimonial discord between the parties and that all the disputes between them stand resolved. Learned counsel for the petitioners has relied upon the judgment of Hon'ble Supreme Court rendered in "Gian Singh Vs. 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. Jashandeep Singh, AAG Punjab accepts notice on behalf of respondent No.1-State. Mr. D.S. Bhinder, Advocate accepts notice on behalf of respondent No.2-complainant and has filed his vakalatnama, which is taken on record. Copy of the petition has already been supplied to both the counsel. Learned counsel for respondent No.2 has also reiterated that the parties have since entered into the compromise voluntarily and willingly and that respondent No.2 would have no objection if the aforesaid FIR is quashed in view of the compromise. List on 15.03.2024. Meanwhile, the parties are directed to appear before the concerned CJM/Illaqa Magistrate/Trial Court on 04.01.2024, 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 compromise dated 09.11.2023 (Annexure P-2) has been freely entered into between the parties without any undue influence, coercion or pressure of any kind. 2) Whether all the accused are party to the compromise. 3) Whether any other criminal cases are pending against the parties. 4) Whether any proclamation proceedings are pending against either of the parties."
¶3Pursuant to the aforesaid order, report dated 09.01.2024 from Judicial Magistrate Ist Class, Bathinda has been received, which is taken on record. As per the report, the Trial Court has recorded as follows:-In view of statements given by the parties and AMHC Jaspal Ram following report is hereby submitted as desired by your's goodself:-
1. It is respectfully subinitted that in view of statements given by the parties, this Court is of the considered opinion that compromise date 09.11.2023 effected between parties is genuine and it is effected voluntarily, without any pressure, coercion with their free will from any quarter.
2. compromise. It is further submitted that all the accused are 2024.03.15 15:02 party to the CRM -M-63763-2023 3 2024:PHHC:037485
¶3 No other FIR is pending against the accused person.
¶4 It is further submitted that there no proclamation proceedings are pending against either of the parties. This report along with statements of parties i.e. complainant namely Sukhpreet Kaur and accused Deep Karan Singh, Jasinder Singh Bhandari and Manjinder Kaur and Investigating officer AMHC Jaspal Ram submitted, as desired by the Hon'ble High Court vide its order dated 18.12.2023."
¶4Learned 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.
¶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 (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 2024.03.15 15:02 that it can be invoked to quash the proceedings CRM -M-63763-2023 4 2024:PHHC:037485 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 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 CRM -M-63763-2023 5 2024:PHHC:037485
¶8Thus, 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.
¶9Consequently, the petition is allowed. FIR No.19 dated 14.04.2016 under Sections 406 and 498-A (added later) of IPC, registered at Police Station Women, District Bathinda and all consequential proceedings arising therefrom on the basis of compromise dated 09.11.2023 (Annexure P-2), are, hereby, quashed qua the petitioners.
¶10Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) JUDGE March 15, 2024
Case details
Parties and counsel
CRM -M-63763-2023 1 2024:PHHC:037485 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-63763-2023 Date of decision: 15.03.2024 DEEP KARAN SINGH AND OTHERS ....PETITIONERS V/s STATE OF PUNJAB AND ANOTHER ....RESPONDENTS CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Jaiteshwar S. Bhandari, Advocate for Mr. Inderpreet Singh, Advocate for the petitioners. Mr. Yuvraj Singh Tiwana, AAG, Punjab. Mr. D.S. Bhinder, 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.