Jagdish Kumar And Others v. State Of Punjab And Others
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of decision : 09.10.2023 Jagdish Kumar and others ....Petitioners
Versus
State of Punjab and others
...Respondents
CORAM:
HON'BLE MR. JUSTICE PANKAJ JAIN Present :
Mr. Sandeep K. Bokolia, Advocate for the petitioners. Mr. Kunal Vinayak, AAG, Punjab.
Mr. M.S. Toor, Advocate for respondents No.2 and 3. PANKAJ JAIN, J. (ORAL) By way of present petition, the petitioners are seeking quashing of FIR No.0156 dated 16.07.2023, registered for offences punishable under Sections 452, 323, 148 and 149 of IPC at Police Station City Moga, District Moga, (Annexure P-1) on the basis of compromise. 2.
On 04.08.2023, the following order was passed :- "
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; 3.
Whether the compromise is genuine, voluntary and without any coercion or undue influence?
4.
Whether the accused persons are involved in any other case or not?
5.
The trial Court is also directed to record the statement of the Investigating Officer as to how many victims/complainants are there in the FIR. A copy of the report be also sent to the Registrar Judicial of this Court.
Needless to say that in case for any reason the statements are not recorded on the aforesaid date, the learned Illaqa Magistrate/Duty Magistrate shall be at liberty to call the parties on any other date but not later than a week thereafter. " 3.
Pursuant to the aforesaid order, report from CJM, Moga dated 27.09.2023 has been received, which is taken on record. As per the report, the Trial Court has recorded as follows:- "1.
There are only five accused persons who had appeared in this court on 28.08.2023 and got recorded their statements. 2.
As per statements of the parties and the IO ASI Satnam Singh, no accused has not been declared proclaimed offender till
date.
4.
From the statement of complainant Jatinder Kumar and injured Roshan Lal it appears that they have compromised the matter with the accused persons genuinely, voluntarily, without any coercion or undue influence.
5.
As per the report received from concerned Police station accused persons are not involved in any other case. 6.
As per the statement of ASI Satnam Singh, there is one complainant/injured Jatinder Kumar and one injured Roshan Lal who has been made party before the Hon'ble High Court of Punjab & Haryana."
4.
Ld. Counsel appearing for respondents No.2 and 3 admits the fact of parties having compromised and states that he has no objection in case the FIR and all proceedings subsequent thereto against the petitioners are quashed.
5.
Similarly Ld. State Counsel has stated no objection in case the FIR is quashed based upon the compromise.
6.
I have heard Ld. Counsel for the parties and have carefully gone through the records of the case.
7.
After considering judgment rendered by the Apex Court in Gian Singh vs. State of Punjab and another, 2012(10) SCC 303, State of Madhya Pradesh vs. Laxmi Narayan and others (2019) 5 SCC 688, Kulwinder Singh & others vs. State of Punjab & another, 2007 (3) RCR (Criminal) 1052 and Ram Gopal and another vs. State of Madhya Pradesh, 2021(4) R.C.R. (Criminal) 322 (Criminal Appeal No.1489 of
2012 decided on 29th of September, 2021), the proposition of law that emerges from the aforesaid decisions rendered by Apex Court and this Court is :
(a) Power u/s 482 Cr.P.C. vested with this Court is not affected by Section 320 of the Code.
(b) However, wider the power greater the caution. (c) The underlining principle while exercising such power is that it can be invoked to quash the proceedings recognizing compromise between the parties in the matters which are overwhelmingly and predominantly of civil character like commercial transactions or arising out of matrimonial relationship or family disputes.
(d) The said power is not to be exercised in the prosecutions involving heinous and serious offences of mental depravity or offences like murder, rape, dacoity etc. as such offences are not private in nature and have a serious impact on society.
(e) Section 482 Cr.P.C. casts duty upon the High Court to advance interest of justice as well. It is in recognition of this duty casted upon the High Court, that Apex Court held that the High Court would not refuse to quash FIR under Section 307 merely because FIR finds mention thereof. High Court can assess nature of injuries sustained, whether such injuries inflicted on vital/delicate parts of the body/nature of weapons used etc.
(f) Such exercise at the hands of High Court would be permissible only after the evidence is collected after investigation and chargesheet is filed/charges framed during the trial. Such exercise cannot be carried out while the matter is still under investigation.
(g) While quashing FIR in non-compoundable offences
even which are of private in nature, High Court is required to consider antecedents of the accused, conduct of the accused and whether he was absconding or whether he has managed the complainant to enter into a compromise.
8.
Thus, keeping in view the aforesaid facts and circumstances, this Court is of the considered opinion that it is a fit case to exercise jurisdiction vested u/s 482 Cr.P.C. to quash the FIR as :- (i) The present matter does not fall within the exceptions as carved out in Laxmi Narayan's case (supra). (ii) The offences are of private nature.
(iii) The parties have compromised.
(iv) As per the report received the compromise is said to be voluntary in its nature.
(v) Complainant/victim has entered into compromise on his own volition.
9.
Consequently, the petition is allowed. FIR No.0156 dated 16.07.2023, registered for offences punishable under Sections 452, 323, 148 and 149 of IPC at Police Station City Moga, District Moga, (Annexure P-1) and all proceedings arising therefrom, are, hereby, quashed qua the petitioners.
October 09, 2023 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No