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High Court of Punjab and HaryanaCRM-M/11771/2021allowed

Sikander Singh And ORS v. State Of Punjab And Another

2022-07-28Mr. Justice Harnaresh Singh Gill4 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 28.07.2022 SIKANDER SINGH AND OTHERS

...Petitioners

Versus

STATE OF PUNJAB AND ANOTHER .....Respondents CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL Present:- Mr. Rajan Singh Dadwal, Advocate for the petitioners.

Mr. Harbir Sandhu, AAG Punjab.

Mr. Umesh Kumar Kanwar, Advocate for respondent No.2.

**** HARNARESH SINGH GILL , J.

(ORAL) CRM-6264-2022 This is an application for making correction in the head note of the petition as Section 323 IPC has inadvertently been typed as Section 322 IPC.

Application is allowed, as prayed for.

Registry is directed to make the necessary correction in the head note of the petition.

CRM-M-11771-2021 This petition has been filed for quashing of FIR No.58 dated 19.05.2016 under Sections 323, 324, 148, 149 and 201 IPC, registered at Police Station Sudhar, District Ludhiana Rural, along with all the

-2subsequent proceedings arising therefrom, on the basis of compromise dated 23.02.2021 (Annexure P-2), arrived at between the parties. Vide order dated 15.03.2021 passed by a Coordinate Bench of this Court, the trial Court/Illaqa Magistrate had been directed to record the statements of the parties with regard to the genuineness and authenticity of the compromise. Thereafter, since, the statements could not be recorded, vide order dated 19.04.2022 passed by this Court, the parties were again directed to appear before the concerned Court to get their statements recorded in terms of the order dated 15.03.2021. In compliance thereof, the learned Judicial Magistrate, 1st Class, Jagraon, has submitted a report, vide letter dated 04.05.

2022, which indicates that the parties had appeared before the Magistrate and got recorded their respective statements with regard to the validity of the compromise. As per the report, the compromise arrived at between the parties is genuine and without any pressure or coercion from any corner. The Hon'ble Full Bench of this Court in case Kulwinder Singh vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052 and Hon'ble Division Bench of this Court in case Sube Singh and another vs. State of Haryana and another, 2013(4) RCR (Criminal) 102 observed that compounding of offence can be allowed even after conviction, during proceedings of the appeal against conviction pending in Sessions Court and in case of involving non-compoundable offence.

-3State of Punjab and another. 2012(4) RCR (Criminal) 543 has held as under:- "57. 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 serious impact on society.

Similarly, 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 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 personnel in nature and the parties have resolved their entire dispute.

-4complete 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 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 affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."

The same view has also been reiterated by Hon'ble the Apex Court in case Narinder Singh and others Vs. State of Punjab and another, 2014(2) RCR (Criminal) 482.

Since the parties have arrived at a compromise and have decided to live in peace, no useful purpose would be served in allowing the criminal proceedings to continue.

Accordingly, the present petition is allowed. FIR No.58 dated 19.05.2016 under Sections 323, 324, 148, 149 and 201 IPC, at Police Station Sudhar, District Ludhiana Rural, along with all the subsequent proceedings arising therefrom, are quashed qua the petitioners on the basis of compromise dated 23.02.2021 (Annexure P-2), subject to the petitioners depositing the costs of Rs.15,000/- with the Poor Patients' Welfare Fund, Postgraduate Institute of Medical Education and Research (PGIMER), Chandigarh.

Needless to say that the parties shall remain bound by the terms of compromise and their statements made in the Court below. 28.07.2022 (HARNARESH SINGH GILL) Aman Jain JUDGE Whether reasoned/speaking?

Yes/No Whether reportable?

Yes/No