Kamla Surana And ORS v. State Of Punjab And ANR

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 29.9.2021 Kamla Surana and others ..... Petitioners

Versus

State of Punjab and another .......Respondents

CORAM:

HON'BLE MR. JUSTICE RAJESH BHARDWAJ

Present:

Mr. Shvetanshu Goel, Advocate, for the petitioners. Mr. M.S. Nagra, Assistant Advocate General, Punjab. Mr. Jasraj Singh, Advocate, for respondent No.2. Rajesh Bhardwaj, J. (ORAL) Matter has been taken up through video conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.

Instant petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.1, dated 7.1.2020, under Sections 498-A and 406 IPC, registered at Police Station Model Town, Hoshiarpur on the basis of Compromise dated 27.1.2021 (Annexure P-2). FIR in question was got registered by complainant-respondent No.2 and the investigation commenced thereon. However, with the intervention of respectables, finally the parties arrived at settlement and they resolved their inter se dispute, which is apparent from Compromise Deed, annexed as Annexure P-2. On the basis of the compromise, the petitioners are praying that continuation of these proceedings would be a futile exercise and an abuse of process of the Court and thus, the FIR in question and all the subsequent proceedings arising therefrom may be quashed in the interest of justice.

-2This Court vide order dated 4.2.2021 directed the parties to appear before the Illaqa Magistrate/trial Court for recording their statements, as contended before the Court, and the Illaqa Magistrate/trial Court was also directed to send its report.

In pursuance of the same, learned Chief Judicial Magistrate, Hoshiarpur, sent its report dated 8.4.2021 to this Court. With the report he has also annexed the original statement of complainant-respondent No.2 Gurleen Kaur and joint statement of the petitioners, Kamla Surana, Lalit Surana, Harsh Surana and Nitin Surana recorded on 2.3.2021 and SI Jasvir Kaur dated 19.3.2021. On the basis of the statements, llearned Chief Judicial Magistrate, Hoshiarpur has concluded in its report that the parties have entered into a compromise voluntarily and that there is no other accused except the petitioners and none has been declared proclaimed offender in the case.

I have heard learned counsel for the parties, perused the record and the report sent by learned learned Chief Judicial Magistrate, Hoshiarpur.

A bare perusal of statutory provision of the 482 Cr.P.C. would show that the High Court may make such orders, as may be necessary to give effect to any order under this Code or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. Section 320 Cr.P.C. is equally relevant for consideration, which prescribes the procedure for compounding of the offences under the Indian Penal Code. Keeping in view the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, the continuation of criminal prosecution would be a futile exercise. The Hon'ble

-3Supreme Court in a number of cases including Narinder Singh and others Versus State of Punjab and another, 2014 (6) SCC 466; B.S.Joshi and others vs State of Haryana and another (2003) 4 Supreme Court Cases 675 followed by this Court in Full Bench case of Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR 1052 have dealt with the proposition involved in the present case and settled the law. Thereafter, Hon'ble Supreme Court in Gian Singh vs State of Punjab and another (2012) 10 Supreme Court Cases 303 further dealt with the issue and the earlier law settled by the Supreme Court for quashing of the FIR in State of Haryana vs Bhajan Lal, 1992 Supp (1) SCC 335. Para 61 of the judgment reads as under:- "61.

The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice, or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed.

However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have a serious impact on society.

-4Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity, etc; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on a different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute.

In this category of cases, the High Court may quash criminal proceedings if in its view, because of the compromise between the offender and the victim, the possibility of conviction is remote and bleak and continuation of the criminal case would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim.

In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."

-5Court and by allowing and accepting the prayer of the petitioners by quashing the FIR would be securing the ends of justice, which is primarily the object of the legislature enacting under Section 482 Cr.P.C. As a result, this Court finds that the case in hand squarely falls within the ambit and parameters settled by judicial precedents and hence, FIR No.1, dated 7.1.2020, under Sections 498-A and 406 IPC, registered at Police Station Model Town, Hoshiarpur on the basis of compromise (Annexure P-2) qua the petitioners, is hereby quashed. Needless to say that the parties shall remain bound by the terms and conditions of the compromise and their statements recorded before the Court below.

Petition stands allowed.

However, learned counsel for the parties are ad idem that a demand draft of Rs.9 Lacs was deposited by the petitioners with the Registrar of this Court in pursuant to the order dated 10.2.2021 passed in CRM-M-11297-2020. As per the settlement, the same is required to be released in favour of the complainant or her counsel. In view of this, the demand draft of Rs.9 Lacs lying with the Registrar of this Court is ordered to be released in favour of the complainant or her counsel against proper receipt.

Photocopy of the demand draft alongwith the receipt be kept on the file.

(RAJESH BHARDWAJ) JUDGE 29.9.2021 sharmila Whether Speaking/Reasoned :

Yes/No Whether Reportable :

Yes/No