Ashok Kumar And ORS v. State Of Punjab And ORS
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH Date of decision:08.10.2015 CRM-M 37236/2014 Ashok Kumar and others .............Petitioners v.
State of Punjab and others .............Respondent Shamsher Singh and others .............Petitioners v.
State of Punjab and others ............Respondents.
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Gurpreet Singh,Advocate for the petitioners in CRM 37236/2014 and for respondents 2 to 7 in CRM-M 13963/2014 Mr.Kirat Singh Sidhu,Deputy Advocate General for State of Punjab Mr.HS Bedi,Advocate for respondents 2 and 3 in CRM-37236/2014 and petitioners in CRM-13963/2014 Jaswant Singh,J.(Oral) This order shall dispose of aforesaid two petitions as prayer therein is to quash FIR and cross version recorded in the FIR on the basis of compromise arrived at between the parties. In CRM-M 37236/2014 prayer under Section 482 Cr.PC is for quashing of FIR No.106 dated 7.9.2013 under Sections 323,324,506,148,149 IPC,PS Garhshankar,Distt.Hoshiarpur and all subsequent proceedings arising therefrom on the basis of compromise
dated 13.1.2014(P-3) whereas in CRM-M 13963/2014 prayer is for quashing of DDR No.45 dated 9.9.2013 for the offences under Sections 148,308,323,506 read with Section IPC,PS Garhshankar,Distt.Hoshiarpur recorded in the aforesaid FIR. Vide order dated 14.11.2014 learned trial court was directed to record the statements of the parties with regard to genuineness of the compromise.
In compliance thereof,learned SDJM,Garhshankar vide his report dated 16.1.2015 has reported that the compromise is without any threat,force or coercion. The said report is taken on record as Mark-A. The occurrence took place during a fair being organised in village in which both sides received injuries. Learned State counsel on instructions from ASI Iqbal Singh states that challan is yet to be presented.
Hon'ble Supreme Court in (2003)4 SCC 675, B.S.Joshi and others v State of Haryana and another has made it explicitly clear in para 15 of its judgment that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 of the Code does not limit or effect the powers under Section 482 of the Code.
A Full Bench of this Court in Kulwinder Singh and others v State of Punjab and another, 2007(3)RCR(Criminal) 1052 has held that this Court, in appropriate cases, while exercising powers under Section 482 Cr.P.C., may quash an FIR disclosing the commission of non-compoundable offences. The relevant extract reads as under:- "The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C., which can affect the inherent power of this Court under Section 482. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the
proceedings even in non-compoundable offences notwithstanding the bar under Section 320 of the Cr.P.C., in order to prevent the abuse of law and to secure the ends of justice."
Hon'ble Apex Court in another case in J.T.2008(9) SC 192 Nikhil Merchant v Central Bureau of Investigation and Another while relying upon its decision in B.S.Joshi's case (supra) has also held that in view of the compromise arrived at between the parties, the technicalities should not be allowed to stand in the way in the quashing of criminal proceedings and the continuance of the same after compromise between the parties would be a futile exercise.
Similar views were expressed by Hon'ble the Apex Court in Madan Mohan Abot v State of Punjab, 2008(4) SCC 582, the relevant extract of which is as under:- "We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law."
Keeping in view the above settled legal position and taking into account the fact that both the parties have desired to live in peace and harmony and carry on with their lives without any ill will or rancour by resolving their differences and entering into the aforesaid compromise, it is evident that it is a fit case where there is no impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C., for quashing of the FIR in the interest of
justice.
Accordingly, the present petition is allowed and FIR No.106 dated 7.9.2013 under Sections 323,324,506,148,149 IPC,PS Garhshankar,Distt.Hoshiarpur and all subsequent proceedings arising therefrom as well as DDR No.45 dated 9.9.2013 for the offences under Sections 148,308,323,506 read with Section 149 IPC,PS Garhshankar,Distt.Hoshiarpur recorded in the aforesaid FIR alongwith all consequential proceedings arising therefrom are quashed. A copy of this order be placed on the file of CRM-M 13963/2014.
08.10.2015.
(Jaswant Singh) joshi Judge