Nishan Singh And ORS. v. State Of Punjab And ORS.

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 12.07.2018 Nishan Singh and others ..... Petitioners

Versus

State of Punjab and others ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. RS Sidhu, Advocate for the petitioners. Mr. Harpreet Multani, AAG, Punjab.

Mr. MS Sidhu, Advocate for respondents No. 2 to 4. RAMENDRA JAIN, J. (ORAL) 1.

Through this petition under Section 482 Cr.P.C., prayer has been made for quashing FIR No. 75 dated 11.05.2016 (Annexure P-1) registered under Sections 452, 324, 323, 336, 148 and 149 IPC (Sections 326 and 307 IPC added later on) at Police Station Sadar Tarn Taran and all subsequent proceedings arising therefrom, on the basis of compromise Annexure P-2, effected between the parties.

2.

Vide order dated 17.04.2018, parties were directed to appear before the learned trial Court within one month, to get their statements recorded for compromise with a direction to the trial Court to furnish a report qua veracity of the compromise.

3.

Consequently, parties appeared before the Additional Sessions Judge, Tarn Taran, and got recorded their statements qua compromise on 03.05.2018. Report from the Additional Sessions Judge, Tarn Taran, vide letter No. 104A dated 25.05.2018, duly forwarded by learned District and

-2Sessions Judge, Tarn Taran, vide Endst. No. 2903-R dated 28.05.2018, has been received. According to the report of the learned Additional Sessions Judge, Tarn Taran, the compromise arrived at between the comlainant and accused/petitioners is without any coercion, threat, inducement or promise on the part of anyone.

4.

In the instant case, quashment of FIR has been sought under Section 307 IPC. The Hon'ble Supreme Court in Narinder Singh and others Vs. State of Punjab and another, 2014(2) RCR(Criminal) 482 has held as under: - "31 (VI) Offences under Section 307 IPC would fall in the category of heinous and serious offences and therefore is 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/delegate 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.

-3prima 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 later 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."

5.

In Jagroop Singh and others Vs. State of Punjab and others in CRM-M No.16154 of 2016 decided on 01.03.2017, a Co-ordinate Bench of this Court in para No. 8 of the judgment has observed as under: - "{8}. In nutshell each case has to be considered on its own merits. While exercising inherent powers, High Court has to examine whether possibility of conviction is bleak and continuation of proceedings would put the accused to great oppression and prejudice and would result in futility. Offence under Section 307 IPC falls under the category of heinous offence and generally it is to be treated offence against the State/society and not an individual offence. At the same time High Court would not base its decision merely because offence under Section 307 IPC is mentioned in the FIR or in the charge. It is still open before the Court as to whether insertion

-4of offence under Section 307 IPC is based on evidence or it is just for the sake of incorporation in the FIR." 6.

In view of the totality of the facts and circumstances and considering the fact that the compromise will bring harmony in relations between the parties, the petition is allowed and the aforesaid FIR No. 75 dated 11.05.2016 (Annexure P-1)) and all subsequent proceedings arising therefrom, qua the petitioners is quashed, subject to payment of costs of `10,000/-, out of which `6,000/- shall be deposited with the Punjab State Legal Services Authority and `4,000/- with the Bar Council of Punjab and Haryana, within two weeks from today, failing which this petition shall be deemed to be dismissed.

7.

List on 20.08.2018 for production of receipts regarding deposit of costs.

July 12, 2017 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No