Darshan Singh & ORS v. State Of Punjab & ANR

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision:- 20.02.2018 Darshan Singh and others .....Petitioners

Versus

State of Punjab and another .....Respondents CORAM : HON'BLE MR.JUSTICE MAHABIR SINGH SINDHU

Present:

Mr. Gagandeep Singh, Advocate for Mr. Sumeet Puri, Advocate for the petitioners.

Mr. Harbir Sandhu, AAG, Punjab.

Mr. Satvir Singh, Advocate for Mr. S.N. Sharma, Advocate for respondent No.2.

**** MAHABIR SINGH SINDHU , J. (ORAL) Present petition is filed praying for quashing FIR No.57 dated 27.03.2013, under Sections 323, 324, 326, 148 and 149 IPC, registered at Police Station Lehra, District Sangrur, on the basis of compromise entered into between the parties.

2.

It is jointly stated by learned counsel for the petitioners as well as respondent No.2 that although Section 326 IPC is find mentioned in the present case, but the injury is alleged on the hand and that is not on the vital part of the body.

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Heard.

4.

Both the parties were directed by this Court vide order dated 21.11.2016 to appear before the learned Illaqa Magistrate and get their statements recorded and in pursuance thereof, learned Sub-Divisional Judicial Magistrate, Moonak, recorded the statements of both the parties and submitted a report dated 02.12.2016. A perusal of the report reveals that the compromise entered into between the parties is voluntarily. Even as on today the parties are not disputing the factum of compromise arrived at between them.

5.

No objection has been raised by the learned State counsel on a specific query put to him by the Court with regard to quashing of the FIR as well as all other consequential proceedings on the basis of the compromise effected between the parties in this case. 6.

Hon'ble Supreme Court in case titled as Yogendra Yadav and others Vs. State of Jharkhand and another, 2014(9) SCC 653 has held as under:- "4. Now, the question before this Court is whether this Court can compound the offences under Sections 326 and 307 of the IPC which are non-compoundable? Needless to say that offences which are non-compoundable cannot be compounded by the court. Courts draw the power of compounding offences from Section 320 of the Code. The said provision has to be strictly followed (Gian Singh v. State of Punjab). However, in a given case, the High Court can quash a criminal proceeding in exercise of its power under Section 482 of the Code having regard to the fact that the parties have amicably settled their disputes and the victim has no objection, even though the offences are non-compoundable. In which cases the High Court can exercise its discretion to quash the proceedings will depend on facts and circumstances of each case. Offences which

-3involve moral turpitude, grave offences like rape, murder etc. cannot be effaced by quashing the proceedings because that will have harmful effect on the society. Such offences cannot be said to be restricted to two individuals or two groups. If such offences are quashed, it may send wrong signal to the society. However, when the High Court is convinced that the offences are entirely personal in nature and, therefore, do not affect public peace or tranquility and where it feels that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice, it should not hesitate to quash them. In such cases, the prosecution becomes a lame prosecution. Pursuing such a lame prosecution would be waste of time and energy. That will also unsettle the compromise and obstruct restoration of peace."

7.

In view of above, the impugned FIR and all consequential proceedings resulting therefrom are hereby quashed qua petitioners only. Petition is allowed.

( MAHABIR SINGH SINDHU) February 20, 2018 JUDGE naresh.k Whether reportable?

Yes Whether reasoned/speaking?

Yes