Narinder Singh And Others v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Date of Decision: 20.02.2023 Narinder Singh and others .... Petitioners

Versus

State of Punjab and another .... Respondents CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA Present: - Mr. Monty Goyal, Advocate for petitioners No. 1, 3 and 4. Mr. A.S. Syan, Advocate for petitioner No. 2. Mr. G.S. Sandhu, Deputy Advocate General, Punjab. Mr. I.S. Chawla, Advocate for respondent No.2. ASHOK KUMAR VERMA, J. (ORAL) The petitioners have filed the present petition under Section 482 of the Cr.P.C. for quashing FIR No. 141 dated 21.06.2008 (Annexure P-1) registered under Sections 420, 465, 467, 468, 471 and 120-B IPC at Police Station Payal, District Ludhiana and all consequential proceedings arising therefrom as well as the judgment of conviction and order of sentence dated 18.10.2018 (Annexure P-2), passed by the trial Court, on the basis of compromise dated 22.02.2019 (Annexure P-3) effected between the parties.

Pursuant to order dated 08.04.2019 passed by a co-ordinate Bench this Court, the parties appeared before learned Additional District and Sessions Judge, Ludhiana, to get their statements recorded. Learned Additional District and Sessions Judge, Ludhiana, submitted his report

-2along with statements of the parties vide letter No. 133 dated 24.07.2019 duly forwarded by the learned District and Sessions Judge, Ludhiana, vide letter No. 609/EC dated 29.07.2019.

According to the report, learned Additional District and Sessions Judge, Ludhiana, is satisfied that compromise effected between the parties is genuine and valid. It is pertinent to mention here that there are total 05 accused persons in the instant case and one accused, namely, Jaspal Singh, has been declared as proclaimed offender by the trial Court vide order dated 04.03.2013.

It is now well settled that the High Court has inherent power to quash the criminal proceedings in non-compoundable cases on the basis of settlement between the parties for securing the ends of justice or to prevent abuse of the process where 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. Criminal cases having overwhelmingly and predominantly civil character particularly those arising out of commercial transaction or arising out of matrimonial relationship or family dispute can be quashed when the parties have resolved their entire dispute among themselves.

However, such power cannot be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape dacoity, etc. which are not private in nature and have a serious impact on society.

-3Act or the offences committed by public servant while working in that capacity cannot be quashed on the basis of compromise between the victim and the offender. For judicial precedents in this regard, reference may be made to Gian Singh Vs. State of Punjab and another : 2012(4) RCR Criminal) 543, Narinder Singh Vs. State of Punjab (Supreme Court) : 2014 (2) RCR (Criminal) 482, State of Madhya Pradesh Vs. Laxmi Narayan and others (Supreme Court) : 2019 (2) RCR (Criminal) 255 and Kulwinder Singh and others Vs. State of Punjab and others (Punjab and Haryana High Court) : 2007 (3) RCR (Criminal) 1052.

In the present case, petitioners, namely; Narinder Singh, Darshan Singh, Rajinder Singh and Chamkaur Singh, had already been convicted by the learned Sub Divisional Judicial Magistrate, Payal, vide judgment of conviction and order of sentence dated 18.10.2018 (Annexure P-2). Hon'ble Division Bench of this Court in case Sube Singh and another Vs. State of Haryana and another : 2013(4) RCR (Criminal) 102 held that even after conviction, if the parties have settled the dispute amicably and have decided to live in peace and harmony, this Court, in exercise of powers under Section 482 Cr.P.C, can compound the offence.

Keeping in view the report dated 24.07.2019 of learned Additional District and Sessions Judge, Ludhiana and the fact that the compromise will bring peace and harmony between the parties as well as in view of the law laid down by the Hon'ble Division Bench of this Court in Sube Singh and another's case (supra), the aforesaid FIR No. 141

-4dated 21.06.2008 (Annexure P-1) and all subsequent proceedings arising therefrom, are hereby quashed qua the petitioners only, subject to deposit of Rs.25,000/- towards costs of proceedings with the High Court Legal Services Committee, within a period two weeks from today, failing which this petition shall be deemed to be dismissed. The present petition is disposed of accordingly. 20.02.2023 (ASHOK KUMAR VERMA) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No