Hardeep Singh And ORS v. State Of Punjab And Another
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH Date of decision : 14.07.2023 Hardeep Singh & Ors.
... Petitioner(s)
Versus
State Of Punjab & Anr.
... Respondent(s) CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :
Mr. Kapil Khanna, Advocate for the petitioners. Mr. Harjinder Singh Sidhu, AAG Punjab for respondent No.1. Mr. Rahul Sharma, Advocate for Mr. M.S. Sachdev, 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.49 dated 11.07.2014 registered for offences under Sections 406 and 498-A of the Indian Penal Code, 1860 at Police Station Women Cell, District Jalandhar, (Annexure P-1), along with all subsequent proceedings arising therefrom, on the basis of compromise deed dated 30.04.2022 (Annexure P-2). 2.
On 22.07.2022 the following order was passed : "Instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.49 dated 11.07.2014, registered for offences under Sections 406 and 498-A of the Indian Penal Code,
-21860, at Police Station Women Cell, District Jalandhar, Annexure P-1, along with all subsequent proceedings arising therefrom, on the basis of compromise deed dated 30.04.2022, Annexure P-2, arrived at between the parties.
Counsel for the petitioners submits that petitioner No.1 is the husband of complainant-respondent No.2 and petitioners No.2 to 5 are the relatives of petitioner No.1. He submits that marriage of petitioner No.1 was solemnized with complainant-respondent No.2 on 22.09.2012 and a daughter was born out of the wedlock. He submits that due to temperamental differences, the parties could not adjust with each other and have been staying separately. He submits that a matrimonial dispute has been settled by way of compromise, Annexure P-2, petition seeking divorce by mutual consent has been instituted and out of the agreed permanent alimony of Rs.26 lacs, half the amount has been paid. He submits that the balance is to be paid at the time of recording of second motion in November, 2022.
Notice of motion.
On asking of the Court, Mr. A.S.Gill, Senior DAG, Punjab accepts notice of behalf of State-respondent No.1. Upon instructions received from ASI, Lakhwinder Singh, State counsel submits that the trial is underway. Mr. Mandeep Singh Sachdev, Advocate has put in appearance and accepts notice on behalf of complainant-respondent No.2.
He has filed Vakalatnama, which is taken on record. He has admitted the factum of compromise and does not dispute the statement made by counsel for the petitioners.
-3The parties and the Investigating Officer are directed to appear before the Area Magistrate/Trial Court on 22.09.2022 or on any date thereafter as fixed by the trial Court, for getting their statements recorded with regard to the compromise. The Area Magistrate/Trial Court shall submit a report on or before the next date of hearing specifying the following:-
1. the number of accused arraigned in the FIR and how many have appeared before it and have made statements and whether any accused is absconding/P.O. in the case;
2. the name of the complainant and injured/aggrieved and whether all of them have appeared and made their statements in support of the compromise;
3. the stage of trial/proceedings;
4. if the compromise is genuine, voluntary and out of free will of the parties;
5. whether any other criminal case is pending against the accused.
Report of the Area Magistrate/Trial Court be awaited for 07.12.2022."
3.
Pursuant to the order dated 22.07.2022 a report dated 04.10.2022 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.
-44.
Learned counsel for the petitioner has also pointed out that the parties have since obtained a decree of divorce under Section 13-B of the Hindu Marriage Act, 1955 on 11.04.2023.
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.
-5- 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. 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.
-6- 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.49 dated 11.07.2014 registered for offences under Sections 406 and 498-A of the Indian Penal Code, 1860 at Police Station Women Cell, District Jalandhar, (Annexure P-1), is quashed, including all subsequent proceedings arising out of the said FIR, on the basis of compromise dated 30.04.2022 (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 14.07.2023 Yogesh Sharma