Iqwal Singh And Others v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-23210-2023 (O&M) Date of Decision : 24.07.2023 Iqwal Singh and Others ....Petitioners

VERSUS

State of Punjab and Another ....Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Surinder Sharma, Advocate for the petitioners. Mr. H.S. Sidhu, AAG Punjab for respondent No.1. Mr. Lovish Rattan, 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.197 dated 30.09.2021 under Sections 406 and 498-A of the Indian Penal Code, 1860, registered at Police Station Mukerian, District Hoshiarpur (Annexure P-1), and all other subsequent proceedings arising therefrom on the basis of the compromise dated 02.05.2023 (Annexure P-3).

2.

On 09.05.2023 the following order was passed : "Prayer in this petition is for quashing of the FIR No.197 dated 30.09.2021, under Sections 406/498-A of IPC, registered at Police Station Mukerian, District

-2Hoshiarpur (Annexure P-1), and al other subsequent proceedings arising therefrom on the basis of the compromise dated 02.05.2023 (Annexure P-3).

Notice of motion.

On the asking of the Court, Mr. Arun Gupta, AAG Punjab accepts notice on behalf of respondent No.1 and Mr. Lovish Rattan, Advocate, has put in appearance on behalf of respondent No.2 and filed his power of attorney, which is taken on record.

Learned counsel for respondent No.2 has not denied the factum of compromise effected between the parties.

Adjourned to 24.07.2023.

In the meantime, both the parties are directed to appear before the concerned Illaqa/Duty Magistrate on 22.05.2023 or any other date fixed by the Court below, for recording their statements, who shall record their respective statements with regard to the genuineness/correctness of the compromise and that the compromise is not the result of any fraud or misrepresentation and is the result of free will of the parties. It would also be verified that besides the accused (petitioners) mentioned in the petition, there is

-3no other accused in the FIR and the parties are not involved or declared proclaimed offender in any other criminal case. The Illaqa Magistrate/Duty Magistrate shall send his/her report through learned Sessions Judge concerned on or before the date fixed before this Court.

The petitioner and respondent No.2 are in agreement that an amount of Rs.50,000/- shall not be released out of the compromised amount and the same shall be paid only after the final order is passed by this Court."

3.

Pursuant to the order dated 09.05.2023, a report dated 31.05.2023 of the Sub Divisional Judicial Magistrate, Mukerian 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.

-45.

Learned counsel for respondent No.2 has reiterated that the parties have since compromised the matter and that respondent No.2 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

-5mental 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. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings 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.

-6criminal 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

-7disputes between the parties have been resolved, it would not be in the interest of justice to continue the criminal proceedings. 9.

Resultantly, FIR No.197 dated 30.09.2021 under Sections 406 and 498-A of the Indian Penal Code, 1860, registered at Police Station Mukerian, District Hoshiarpur (Annexure P-1), is quashed, including all subsequent proceedings arising out of the said FIR, on the basis of compromise dated 02.05.2023 (Annexure P-3).

10.

The petition is accordingly allowed. Pending applications, if any, also stand disposed off.

July 24, 2023 (ALKA SARIN) tripti JUDGE NOTE : Whether speaking/non-speaking : Speaking Whether reportable : YES/NO