- Court
- High Court of Punjab and Haryana
- Decided
- 28 October 2024
- Bench
- Kuldeep Tiwari
- Case no.
- CRM-M 45974/2024
Judgment
KULDEEP TIWARI, J.(Oral)
1. Both the above mentioned petitions are amenable to be decided together as common relief of quashing has been sought and, therefore, they are being taken up together for disposal.
2. The instant petition (CRM-M-45974-2024), as cast under Section 482 of the Cr.P.C., proffers the hereinafter extracted relief, as craved by the petitioner(s), inasmuch as, quashing of the FIR No.64,
dated 24.07.2017, under Sections 325, 323, 34 and 201 of the IPC, registered at Police Station Bariwala, District Sri Muktsar Sahib, and all the other consequential proceedings arising therefrom, including the judgment of conviction and order of sentence dated 21.09.2023 (Annexure P-2), passed by the learned Judicial Magistrate Ist Class, Sri Muktsar Sahib, in criminal case No.CHI/14/2018, on the basis of compromise dated 05.08.2024 (Annexure P-3).
3. CRM-M-50510-2024 has been filed seeking quashing of DDR No.002, dated 18.07.2017 (Annexure P-1), under Sections 341, 323, 148 and 149 of the IPC, in case FIR No.64, dated 24.07.2017 (Annexure P-2), under Sections 325, 323, 34 and 201 IPC (Sections 148 and 149 IPC added later on), registered at Police Station Bariwala, District Sri Muktsar Sahib, as well as the judgment and order dated 21.09.2023 (Annexure P-3), passed by the learned JMIC, Sri Muktsar Sahib, and all the other consequential proceedings arising therefrom, on the basis of compromise dated 05.08.2024 (Annexure P-4).
4. Upon an affirmative response from the learned counsel for respondents no.2 to 4 (in each petition) qua the compromise dated
05.08.2024 (supra), this Court had, through an order drawn on 17.09.2024 and 14.10.2024, upon the instant petitions respectively, besides issuing notice, directed the parties to appear before the learned trial Court/Illaqa Magistrate concerned, for getting their respective statements recorded qua authenticity of the compromise (supra). Moreover, the trial Court/Illaqa
Magistrate concerned was also directed to send a report in the above regard.
5. Consequent to the making of the directions (supra), the parties appeared before the learned Judicial Magistrate Ist Class, Sri Muktsar Sahib, and got their respective statements recorded, thereby authenticating the compromise (supra). Accordingly, in compliance of the directions (supra) of this Court, Reports bearing No.4640 and 4639, dated
25.10.2024 (respectively), has been received from the learned magistrate concerned, wherein, a satisfaction has been recorded by him/her qua the compromise deed (supra) being drawn in a genuine and voluntary and without any pressure or coercion and out of free will of the parties.
6. Today, learned State counsel, has filed reply dated
26.10.2024, by way of an affidavit of Sh. Satnam Singh, DSP, Sub-Division Sri Muktsar Sahib in CRM-M-45974-2024, in Court, which is taken on record.
7. This Court have heard counsel for the parties and gone through the case file.
8. The Hon'ble Supreme Court, in the case of "Narinder Singh and others Vs. State of Punjab and other", (2014) 6 Supreme court cases 466. The relevant paragraph of this judgment is extracted hereinafter:-
29. In view of the aforesaid discussion, we sum up and lay down the following principles by which the High Court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under Section 482 of the Code while accepting
the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings:
29.1. Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution.
29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in a such cases would be to secure: (i) ends of justice, or (ii) to prevent abuse of the process of any court. While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives.
29.3. Such a power is not to be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. Similarly, for the offences alleged to have been committed under special statute like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender.
29.4. On the other hand, those criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves.
29.5. While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases.
29.6. Offences under Section 307 IPC would fall in the category of heinous and serious offences and therefore are to be generally treated as crime against the society and not against the individual alone. However, the High Court would not rest its decision merely because there is a mention of Section 307 IPC in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of Section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to proving the charge under Section 307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delicate parts of the body, nature of weapons used, etc. Medical report in respect of injuries suffered by the victim can generally be the guiding factor. On the basis of this prima facie analysis, the High Court can examine as to whether there is a strong possibility of conviction or the chances of conviction are remote and bleak. In the former case it can refuse to accept the Settlement and quash the criminal proceedings whereas in the latter case it would be permissible for the High Court to
accept the plea compounding the offence based on complete settlement between the parties. At this stage, the Court can also be swayed by the fact that the settlement between the parties is going to result in harmony between them which may improve their future relationship.
29.7. While deciding whether to exercise its power under Section 482 of the Code or not, timings of settlement play a crucial role. Those cases where the settlement is arrived at immediately after the alleged commission of offence and the matter is still under investigation, the High Court may be liberal in accepting the settlement to quash the criminal proceedings/investigation. It is because of the reason that at this stage the investigation is still on and even the charge-sheet has not been filed. Likewise, those cases where the charge is framed but the evidence is yet to start or the evidence is still at infancy stage, the High Court can show benevolence in exercising its powers favourably, but after prima facie assessment of the circumstances/material mentioned above. On the other hand, where the prosecution evidence is almost complete or after the conclusion of the evidence the matter is at the stage of argument, normally the High Court should refrain from exercising its power under Section 482 of the Code, as in such cases the trial court would be in a position to decide the case finally on merits and to come to a conclusion as to whether the offence under Section 307 IPC is committed or not a Similarly, in those cases where the conviction is already recorded by the trial court and the matter is at the appellate stage before the High Court, mere compromise between the parties would not be a ground to accept the same resulting in acquittal of the offender who has already been convicted by the trial court. Here charge is proved under Section 307 IPC and conviction is already recorded of a heinous crime and, therefore, there is no question of sparing a convict found guilty of such a crime."
9. A Co-ordinate Bench of this Court, in CRM-M-25669-2020 (O&M), titled "Abhishek Singh & others V/s State of Punjab & others", Pronounced on: 07.04.2022, while granting a similar relief, as craved in the instant petition, has observed as under:- "9. The following aspects would be relevant to conclude this petition:- a) The accused and the private respondents have amicably settled the matter between them in terms of the compromise deed and the statements recorded before the concerned Court; b) A perusal of the documents reveal that the settlement has not been secured through coercion, threats, social boycotts, bribes, or other dubious means; c) The victim has willingly consented to the nullification of criminal proceedings; d) There is no objection from the private respondents in case present FIR and consequent proceedings are quashed; e) In the given facts, the occurrence does not affect public peace
or tranquillity, moral turpitude or harm the social and moral fabric of the society or involve matters concerning public policy; f) The rejection of compromise may also lead to ill will. The pendency of trial affects career and happiness; g) There is nothing on the record to prima facie consider the accused as an unscrupulous, incorrigible, or professional offender; h) The purpose of criminal jurisprudence is reformatory in nature and to work to bring peace to family, community, and society;
i) The exercise of the inherent power for quashing the conviction, sentence and all previous proceedings is justified to secure the ends of justice."
10. In the light of the hereinabove recorded aspects and considering the fact that the offences, for which the petitioners been charged, are not of grave in nature, as also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh, others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR (supra) is hereby allowed.
11. Resultantly, FIR No.64, dated 24.07.2017, under Sections 325, 323, 34 and 201 of the IPC as well as DDR No.002, dated
18.07.2017, under Sections 341, 323, 148 and 149 of the IPC, registered at Police Station Bariwala, District Sri Muktsar Sahib, and all the subsequent proceedings arising therefrom, are, hereby, ?uashed on the basis of a compromise (supra), qua the present petitioner(s) in each petition, and the judgment of conviction and order of sentence dated
21.9.2023 is, hereby, set-aside, subject to payment of Rs.5,000/- each to be deposited with the District Legal Services Authority concerned.
12. All pending application(s), if any, also stand disposed of
accordingly.
13. A photocopy of this order be placed on the file of the connected case.
(KULDEEP TIWARI) October 28, 2024 JUDGE dharamvir/ajay
Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No
Case details
Parties and counsel
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-45974-2024 Date of Decision :28.10. 2024 SUKHVIR SINGH AND OTHERS .....Petitioner(s) VERSUS STATE OF PUNJAB AND OTHERS .....Respondent(s) CRM-M-50510-2024 JASPAL SINGH AND OTHERS .....Petitioner(s) VERSUS STATE OF PUNJAB AND OTHERS .....Respondent(s) CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present : Mr. Iqbal S. Mann, Advocate, for the petitioners in CRM-M-45974-2024 for the respondents no.2 to 4 in CRM-M-50510-2024. Mr. Kanwaljit Singh Brar, Advocate for Mr. G.S.Simble, Advocate, for the petitioners in CRM-M-50510-2024 for the respondent no.2 and 3 in CRM-M-45974-2024. Mr. Raghav Garg, AAG, Punjab.
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.