Yugant Sobti And Others v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-28724-2023 (O&M) Date of Decision : 22.08.2023 Yogant Sobti and Others ....Petitioners

VERSUS

The State of Punjab & Anr.

....Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Vijay Rana, Advocate for the petitioners. Mr. M.S. Tiwana, AAG Punjab for respondent No.1. Mr. Shaurya Rana, 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.98 dated 02.09.2021 registered under Sections 406, 498-A of the Indian Penal Code, 1860 at Police Station Women, Jalandhar, Tehsil and District Jalandhar and all subsequent proceedings arising out of the said FIR, on the basis of compromise dated 26.04.2023 (Annexure P-2).

2.

On 01.06.2023 the following order was passed : "Prayer in the present petition under Section 482 Cr.P.C. for quashing of FIR in question and all other consequential proceedings arising therefrom on the basis of compromise.

-2Learned counsel for the petitioner submits that as the compromise has been arrived at between the parties. However, as the petitioner No.1 has been declared as proclaimed offender and his statement cannot be recorded by the Magistrate.

Notice of motion.

Mr. J.S.Bhandari, AAG, Punjab, accepts notice on behalf of respondent No.1-State and seeks time to file reply, if any.

At this stage, Shaurya Rana, Advocate, has put in appearance on behalf of respondent No.2.

Learned counsel for respondent No.2 affirmed the factum of compromise between the parties.

Taking into consideration overall aspects of the case, the orders declaring the petitioner No.1 as proclaimed is stayed. The statement of petitioner No.1 now be recorded by the concerned area Magistrate through video conferencing as he is stated to be living in Canada as the case may be, on 13.07.2023 or any other date convenient to the parties, but not later than one week thereafter, for getting his statements recorded with regard to the compromise. Trial Court is directed to record the statements of all the concerned parties with

-3regard to the genuineness and validity or otherwise of the compromise.

Report be sent through District and Sessions Judge before the next date of hearing.

Adjourned to 22.08.2023."

3.

Pursuant to the order dated 01.06.2023, a report dated 13.07.2023 of the Judicial Magistrate 1st Class, Jalandhar 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.

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

-4with 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.

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.

-5particularly 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.

-6well within its jurisdiction to quash the criminal proceeding."

5.

Learned counsel for the petitioner 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. 6.

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. 7.

Resultantly, FIR No.98 dated 02.09.2021 registered under Sections 406, 498-A of the Indian Penal Code, 1860 at Police Station Women, Jalandhar, Tehsil and District Jalandhar is quashed including all subsequent proceedings arising out of the said FIR on the basis of compromise dated 26.04.2023 (Annexure P-3).

8.

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

August 22, 2023 (ALKA SARIN) tripti JUDGE NOTE : Whether speaking/non-speaking : Speaking Whether reportable : YES/NO