Jasbir Singh @ Ajay And ANR. v. State Of Punjab And ORS
CRM-M No. 27912 of 2022 -1- 2023:PHHC:066670
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH ***** CRM-M No. 27912 of 2022 Date of Decision : 9.5.2023 Jasbir Singh @ Ajay and another ..... Petitioners versus State of Punjab and others ..... Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present: Mr. Prateek Pandit, Advocate, for the petitioners Mr. Harpreet Singh, Addl. AG, Punjab Mr. Barjinder Singh, Advocate, for Mr. Nitin Verma, Advocate, for respondents no.2 and 3 --- TRIBHUVAN DAHIYA J. (ORAL):
The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.306 dated 7.10.2020 under Sections 363 and 366-A IPC registered at Police Station City Kapurthala, District Kapurthala (Annexure P-1), and all consequential proceedings arising therefrom, in view of the compromise deed dated 3.3.2021 (Annexure P-3) entered into between the petitioners and the complainant to settle their disputes in question. 2.
As the parties entered into a compromise to resolve their disputes which led to registration of the criminal case, they were directed to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard, vide order dated 1.7.2022. Pursuant thereto, a report dated 29.7.2022 has been received from Chief Judicial Magistrate, Kapurthala, at Flag 'A', stating that the compromise arrived at between the parties is without any pressure, coercion or undue influence. There is no criminal case pending against the petitioners, nor have they been declared proclaimed person(s). 3.
Learned State counsel and learned counsel appearing on behalf of respondents No.2/complainant and 3 admit the factum of compromise, and submit that they have no objection to quashing of the FIR on that basis. Admittedly, petitioner no.1 and respondent no.3 have married subsequent to lodging of FIR.
4.
It has been held by the Supreme Court of India in cases Gian Singh v. ASHWANI KUMAR 2023.05.12 18:03 I attest to the accuracy and integrity of this document
CRM-M No. 27912 of 2022 -2- 2023:PHHC:066670 State of Punjab and another, 2012(10) SCC 303 and State of Madhya Pradesh v. Laxmi Narayan and others, (2019) 5 SCC 688, that criminal cases having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, should be quashed when the parties have resolved their disputes among themselves in a bona fide manner by entering into a compromise.
5.
Further, reference can also be made to Full Bench judgment of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) R.C.R.(Criminal) 1052, holding that on the parties settling their disputes by way of a compromise, the High Court in exercise of power under Section 482 Cr.P.C. can allow the compounding of non-compoundable offences also, and quash the criminal proceedings to prevent abuse of the process of law or otherwise to secure the ends of justice. The power is not confined to matrimonial disputes alone.
6.
A perusal of the allegations in the FIR as well as the aforesaid report establishes that the present case is predominately of private nature, falls in the category of cases that can be quashed by the High Court in exercise of its inherent jurisdiction under Section 482 Cr.P.C., as per law laid down in the aforementioned judgments. The petitioners have no criminal antecedents. The offences alleged are not heinous in nature and cannot be termed as crime against the society; nor do they show mental depravity of the petitioners. Since disputes between the parties have been amicably resolved by way of the compromise, continuation of criminal proceedings will be an exercise in futility as chances of ultimate conviction are not there, and it will hamper their peaceful coexistence even after resolution of disputes. 7.
Consequently, this petition is allowed. FIR No. 306 dated 7.10.2020 under Sections 363 and 366-A IPC registered at Police Station City Kapurthala, District Kapurthala, and all consequential proceedings arising therefrom, are hereby quashed qua the petitioners (TRIBHUVAN DAHIYA) JUDGE 9.5.2023 Aw Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No ASHWANI KUMAR 2023.05.12 18:03 I attest to the accuracy and integrity of this document