- Court
- High Court of Punjab and Haryana
- Decided
- 6 May 2024
- Bench
- Sumeet Goel
- Case no.
- CRM-M 40027/2023
Judgment
SUMEET GOEL , J .
¶1By way of present petition, the petitioners are seeking quashing of FIR No.0102 dated 04.06.2023 under Sections 323, 324, 354-B, 406, 498-A and 120-B of IPC, registered at Police Station, Dasuya, District Hoshiarpur and all consequential proceedings arising therefrom on the basis of compromise dated 08.06.2023 (Annexure P-2), which is stated to have been effected between the parties.
2. On 16.08.2023, 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.0102 dated 04.06.2023 under Sections 323, 324, 354-B, 406, 498-A and 120-B of the Indian Penal Code, 1860 registered at Police Station Dasuya, District Hoshiarpur, and all other consequential proceedings arising there-from on the ground that the parties have since compromised the matter vide compromise deed dated 08.06.2023 (Annexure P-2). Learned counsel for the petitioners would contend that the parties have entered into a compromise vide compromise deed 2024.05.06 16:41 dated 08.06.2023 (Annexure P-2) and that the parties have CRM-M-40027-2023 2 2024:PHHC:061859 resolved all their disputes. It is further the contention that even a petition under Section 13-B of the Hindu Marriage Act, 1955 has also been filed and 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. Adhiraj Singh, AAG Punjab accepts notice on behalf of respondent No.1-State. Mr. Rahul Dev Singh, 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 states that respondent No.2 would have no objection if the aforesaid FIR is quashed since the parties have entered into an compromise vide compromise deed dated 08.06.2023 (Annexure P-2). List on 24.11.2023. Meanwhile, the parties are directed to appear before the concerned CJM/Illaqa Magistrate/Trial Court on 11.09.2023, 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 08.06.2023 (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."
¶3Pursuant to the aforesaid order, report dated 17.11.2023 from Sub Divisional Judicial Magistrate Dasuya, has been received, which is taken on record. As per the report, the Trial Court has recorded as follows:- "(i).As per the statements of respondent no.2 Shiv Jyoti and petitioners namely Rahul Sharma, Shiv Kumar, Rohit Sharma, Sangeeta Sharma, Savita alias Shweta and Pooja the settlement/compromise dated 08.06.2023 has been freely entered in between the parties without any undue influence, coercion or pressure of any kind.
(ii) As per the statement of ASI Sikander Singh, investigating 2024.05.06 16:41 officer and record, neither any other criminal proceedings are CRM-M-40027-2023 3 2024:PHHC:061859 pending against accused namely Rahul Sharma, Shiv Kumar, Rohit Sharma, Sangeeta Sharma, Savita alias Shweta and Pooja except present FIR.
(iii) As per the statement of ASI Sikander Singh, investigating officer and record, neither any P.O. proceedings are pending against accused namely Rahul Sharma, Shiv Kumar, Rohit Sharma, Sangeeta Sharma, Savita alias Shweta and Pooja in the present FIR. In view of the statement recorded by both the parties, this court is satisfied that the compromise effected between the parties is genuine, voluntary which is not the result of any pressure or coercion."
¶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 2024.05.06 16:41 that it can be invoked to quash the proceedings CRM-M-40027-2023 4 2024:PHHC:061859 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 compromise.
¶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 :- CRM-M-40027-2023 5 2024:PHHC:061859
(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.0102 dated
04.06.2023 under Sections 323, 324, 354-B, 406, 498-A and 120-B of IPC, registered at Police Station, Dasuya, District Hoshiarpur and all consequential proceedings arising therefrom on the basis of compromise dated 08.06.2023 (Annexure P-2), are, hereby, quashed qua the petitioners.
¶10Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) JUDGE May 06, 2024
Case details
Parties and counsel
CRM-M-40027-2023 1 2024:PHHC:061859 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-40027-2023 Date of decision: 06.05.2024 RAHUL SHARMA AND OTHERS ....PETITIONERS V/s STATE OF PUNJAB AND ANOTHER ....RESPONDENTS CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Rohiteshwar Singh, Advocate for the petitoiners. Mr. Adhiraj Singh Thind, AAG, Punjab. Mr. Ritesh K. Sharma, Advocate for Mr. Rahul Dev Singh, 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.