Sikander Bhardwaj And ORS. v. State Of Punjab And Another
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH Date of decision : 03.10.2023 Sikander Bhardwaj & Ors.
... Petitioner(s)
Versus
State of Punjab & Anr.
... Respondent(s) CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :
Mr. B.D. Sharma, Advocate for the petitioners. Mr. Harjinder Singh Sidhu, AAG Punjab for respondent No.1. Mr. Vikas Kumar, Advocate for respondent No.2. ALKA SARIN, J. (ORAL) 1.
The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.37 dated 24.02.2020 under Section 498-A of the Indian Penal Code, 1860 registered at Police Station Mataur, SAS Nagar, and all subsequent proceedings arising out of the said FIR, on the basis of compromise dated 09.03.2023 (Annexure P-2).
2.
On 04.08.2023 the following order was passed : "This is a petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.37
dated 24.02.2020 under Section 498-A of the Indian Penal Code, 1860 registered at Police Station Mataur, SAS Nagar and all other consequential proceedings arising there-from, on the basis of a compromise dated 09.03.2023 (Annexure P-2) arrived at between the parties.
Learned counsel for the petitioners would contend that the FIR is the result of matrimonial discord between the parties and now all disputes stand settled between them. Learned counsel would further contend that first motion statement in the petition filed under Section 13-B of the Hindu Marriage Act, 1955 has also been recorded. Learned counsel for the petitioners has relied upon the judgement of Hon'ble Supreme Court rendered in "Gian Singh V/s State of Punjab & Anr." [2012 (10) SCC 303] and the Larger Bench's judgement of this Court in "Kulwinder Singh & Ors. Vs. State of Punjab & Anr." [2007 (3) RCR (Criminal) 1052].
Learned counsel appearing for respondent No.2 has stated that the parties have since entered into a compromise, a copy whereof is annexed as Annexure P2 with the petition. He further submits that the said compromise has been duly signed by the complainant as well and now the parties have no grudge against each other and further that respondent No.2 has no objection if the aforesaid FIR is quashed.
List on 03.10.2023.
Meanwhile, the parties are directed to appear before the concerned CJM/Illaqa Magistrate/Trial Court on 21.08.2023, or on any other date convenient to the Court, for recording of their statements. The CJM/Illaqa Magistrate/Trial Court is directed to record the
statements of the parties to its satisfaction qua the genuineness of the compromise and that the same is not the result of any undue influence, coercion or pressure of any kind. A report, along-with the statements of the parties, on the following points be sent to this Court before the next date of hearing:
1) Whether the compromise dated 09.03.2023 (Annexure P-2) has been freely entered into between the parties without any undue influence, coercion or pressure of any kind.
2) Whether any other criminal cases are pending against the parties.
3) Whether any proclamation proceedings are pending against either of the parties. "
3.
Pursuant to the order dated 04.08.2023 a report dated 14.09.2023 of the Judicial Magistrate 1st Class, SAS Nagar, has been received by this Court wherein it has been stated that the statements of the parties have been recorded and the parties have stated that they have compromised the matter voluntarily without any threat, pressure, undue influence or fraud and that the complainant/respondent No.2 has no objection to the quashing of the present FIR. Statements of the parties have also been appended with the report.
4.
Learned counsel for the petitioners has also pointed out that the parties have since obtained a decree of divorce under Section 13-B of the Hindu Marriage Act, 1955.
5.
Learned counsel for respondent No.2 has reiterated that the parties have since compromised the matter and that he has no objection if the
present FIR is quashed.
6.
The Apex Court in the case of Gian Singh vs. State of Punjab & Anr. [2012 (10) SCC 303] 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.
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 personal in nature and the parties have resolved their entire dispute.
In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete 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."
7.
Learned counsel for the petitioners has also referred to the law laid down by this Court in Kulwinder Singh & Ors. vs. State of Punjab &
Anr. [2007 (3) RCR (Criminal) 1052] wherein it has been held that even in non-compoundable offences, if the parties have entered into a compromise, this Court has wide powers under Section 482 CrPC to quash the proceedings to prevent abuse of law and secure the ends of justice. 8.
In view of the above and keeping in view the report by the Trial Court that the parties have genuinely entered into a compromise and all the disputes between the parties have been resolved, it would not be in the interest of justice to continue the criminal proceedings. 9.
Resultantly, FIR No.37 dated 24.02.2020 under Section 498-A of IPC registered at Police Station Mataur, SAS Nagar is quashed, including all subsequent proceedings arising out of the said FIR, on the basis of compromise dated 09.03.2023 (Annexure P-2).
10.
The petition is accordingly allowed. Pending applications, if any, also stand disposed off.
( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO 03.10.2023