Jasmer Singh And Others v. State Of Punjab And Others

[293]

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision : 16.04.2024 Jasmer Singh and others

...Petitioners

versus State of Punjab and others ....Respondents Coram :

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. S.S. Salar, Advocate for the petitioners. Mr. Jaswinder Singh Arora, DAG, Punjab.

Mr. B.S. Walia, Advocate for respondent Nos.2 to 5. *** PANKAJ JAIN, J. (ORAL) 1.

By way of present petition, the petitioners are seeking quashing of FIR No.0004, dated 07.01.2021, registered for the offences punishable under Sections 295A, 323, 506 and 34 of the Indian Penal Code, 1860 at Police Station Kharar, District SAS Nagar, on the basis of compromise (Annexure P-2).

2.

On 20.02.2024, the following order was passed:- "

The present petition has been moved invoking jurisdiction of this Court under Section 482 Cr.P.C by the petitioners seeking quashing of FIR No.0004 dated 07.01.2021, registered for offences punishable under Sections 295A/323/506/34 IPC, at Police Station Kharar, District SAS Nagar. Learned counsel for the petitioners contends that the matter already stands compromised vide Annexure P-2. Notice of motion for 16.04.2024.

On the asking of the Court, Mr. Tarun Aggarwal, Sr. DAG, Punjab accepts notice on behalf of respondent No.1State. Mr. B.S.Walia, Advocate appears and accepts notice on behalf of respondents No.2 to 5 and admits the fact of there being a compromise between the parties.

-2In view of the above, both the parties are directed to appear before learned Duty Magistrate/Illaqa Magistrate/trial Court on 01.03.2024. On their doing so, the learned Duty Magistrate/lllaqa Magistrate/trial Court shall record their statements and furnish its report to this Court by the next date of hearing on the following aspects:-

1. Number of persons arrayed as accused in the FIR.

2. Whether any accused is proclaimed offender?

3. Whether the compromise is genuine, voluntary and without any coercion or undue influence?

4. Whether the accused persons are involved in any other case or not?

5. The trial Court is also directed to record the statement of the Investigating Officer as to how many victims/complainants are there in the FIR.

A copy of the report be also sent to the Registrar Judicial of this Court.

Needless to say that in case for any reason the statements are not recorded on the aforesaid date, the learned Duty Magistrate/Illaqa Magistrate/trial Court shall be at liberty to call the parties on any other date but not later than a week thereafter. " 3.

Pursuant to the aforesaid order, report dated 10.04.2024 from the learned Judicial Magistrate Ist Class, Kharar, has been received, which is taken on record. As per the report, the trial Court has recorded as follows:- "xx xx xx In pursuance of the notice issued, ASI Jarnail Singh, no.270/SAS Nagar turned up before the court and recorded his statement to the effect that he is Investigation Officer of the

-3present FIR. The present FIR no.04, dated 07.01.2024, under Section 295-A, 323, 506 & 34 IPC, has been registered on the statement of complainant Balbir Singh. He further stated that there are four accused namely Jasmer Singh, Amarjit Singh, Tarandeep Singh &Princepreet Singh in the present FIR and were found involved during investigation. He further stated that accused persons have not been declared proclaimed offender nor any proclamation proceedings are pending in the present FIR against them. There is one victim in the present case namely Rajdeep Singh and three complainant/witnesses namely Balbir Singh, Harinder Kaur and Sarabjit Singh and the abovesaid matter has been compromised between the accused and complainant is genuine, voluntarily and without any coercion or undue influence. As per record no other criminal case/FIR is pending against the accused persons. xx xx xx "

4.

Mr. B.S Walia, Advocateappears for respondent Nos.2 to 5 and 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.

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.

7.

This Court and Apex Court has repeatedly dealt with the issue of exercise of jurisdiction under Section 482 Cr.P.C. to quash proceedings recognizing compromise between parties in non-compoundable offences in

-4the cases ofGian Singh vs. State of Punjab and another, 2012(10) SCC 303, State of Madhya Pradesh vs. Laxmi Narayan and others (2019) 5 SCC 688, 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) and Mohammad Wajid&Anr. Vs. State of U.P. &Ors., 2023 AIR (SC) 3784.The proposition of law that emerges from the aforesaid decisions rendered by 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

-5vital/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.

(h) When it comes to quashing of FIR or criminal proceedings, the criminal antecedents of the accused cannot be the sole consideration to decline to quash the criminal proceedings.

8.

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) The present matter does not fall within the exceptions as carved out in Laxmi Narayan's case (supra) i.e. heinous offence.

(ii) The offences alleged are 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.

9.

Consequently, the petition is allowed. FIR No.0004, dated 07.01.2021, registered for the offences punishable under Sections 295A,

-6323, 506 and 34 of the Indian Penal Code, 1860 at Police Station Kharar, District SAS Nagar, and all proceedings arising therefrom, are, hereby, quashed qua the petitioners.

(PANKAJ JAIN) JUDGE 16.04.2024 'R. Sharma'

Whether speaking/ reasoned :

Yes/No Whether reportable :

Yes/No