Balraj Singh And ORS v. State Of Punjab And Others

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-41656-2022 (O&M) Date of Decision: 17.11.2022 Balraj Singh and others ..... Petitioners

Versus

State of Punjab and others .......Respondents

CORAM:

HON'BLE MR. JUSTICE RAJESH BHARDWAJ

Present:

Mr.Vipin Mahajan, Advocate, for the petitioners. Mr. Sandeep Kumar, Deputy Advocate General, Punjab. Mr. Vishal Munjal, Advocate, for respondents No.2 to 4. Rajesh Bhardwaj, J. (ORAL) CRM-43005-2022 For the reasons mentioned in the application, the same is allowed. Date of hearing in the main case is preponed for today. The case is taken up on board today itself for hearing.

CRM-38767-2022 In view of the fact that the main case is preponed the present application filed for preponement of the case has been rendered infructuous and is dismissed as such.

Main case Instant petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.01 dated 17.01.2019, registered under Sections 498-A, 406, 420 IPC, at Police Station NRI District Gurdaspur and all the subsequent proceedings arising therefrom on the basis of compromise (Annexure P-4).

FIR in question was lodged by complainant-Tarandeep Kaur and the investigation commenced thereon. However, with the intervention

-2of respectables, finally the parties arrived at settlement and they resolved their inter se dispute, which is apparent from Compromise Deed, annexed as Annexure P-4. On the basis of the compromise, the petitioners are praying that continuation of these proceedings would be a futile exercise and an abuse of process of the Court and thus, the FIR in question and all the subsequent proceedings arising therefrom may be quashed in the interest of justice.

Learned counsel for the petitioners has submitted that petitioner No.1 is husband of the complainant and presently in Italy and petitioners No.2 and 3 are father-in-law and mother-in-law of the complainant. He has submitted that petitioner No.1 was married with Tarandeep Kaur, complainant of the FIR. He submits that during the Pandemic Covid-19, unfortunately, the complainant died and hence, her mother and two sisters i.e. respondents No.2 to 4, namely, Joginder Kaur, Harinderjit Kaur and Navjot Kaur, respectively have been impleaded. He has submitted that the dispute has been settled amicably and petitioner No.1 has come from Italy and also completed the terms and conditions of the compromise arrived at and paid full and final payment of Rs.9 lacs to respondents No.2 to 4. He submits that the passport of petitioner No.

1 has been kept by the authorities and he has to return back to Italy on 01.12.2022. He has submitted that all the outstanding issues between the parties have been resolved and no outstanding issue remains to be adjudicated further. Learned counsel for respondents No.2 to 4 has affirmed the submissions made by learned counsel for the petitioners. This Court vide order dated 12.09.

-3statements, as contended before the Court, and the Illaqa Magistrate/trial Court was also directed to send its report.

In pursuance to the same, learned Chief Judicial Magistrate, Gurdaspur has sent its report dated 27.09.2022 to this Court. With the report, he has also annexed original statements of respondents No.2 to 4, namely, Joginder Kaur, Harinderjit Kaur and Navjot Kaur and joint statement of the petitioners, namely, Balraj Singh, Karnail Singh and Jasbir Kaur and statement of ASI Dara Singh recorded on 23.09.2022. On the basis of the statements, learned Chief Judicial Magistrate, Gurdaspur has concluded in its report that compromise is genuine, voluntary and without any coercion or undue influence. It has also been mentioned in the report that there are only three accused persons in the present case. It is further mentioned in the report that neither any of the accused persons was ever declared proclaimed offender nor any other criminal case is pending against them.

I have heard learned counsel for the parties, perused the record and the report sent by learned Chief Judicial Magistrate, Gurdaspur. A bare perusal of statutory provision of the 482 Cr.P.C. would show that the High Court may make such orders, as may be necessary to give effect to any order under this Code or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. Section 320 Cr.P.C. is equally relevant for consideration, which prescribes the procedure for compounding of the offences under the Indian Penal Code. Keeping in view the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, the continuation of criminal prosecution would be a futile exercise. The Hon'ble

-4Supreme Court in a number of cases including Narinder Singh and others Versus State of Punjab and another, 2014 (6) SCC 466; B.S.Joshi and others vs State of Haryana and another (2003) 4 Supreme Court Cases 675 followed by this Court in Full Bench case of Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR 1052 have dealt with the proposition involved in the present case and settled the law. Thereafter, Hon'ble Supreme Court in Gian Singh vs State of Punjab and another (2012) 10 Supreme Court Cases 303 further dealt with the issue and the earlier law settled by the Supreme Court for quashing of the FIR in State of Haryana vs Bhajan Lal, 1992 Supp (1) SCC 335. Para 61 of the judgment reads as under:- "61.

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. 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 a serious impact on society.

-5Similarly, 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 a 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, the High Court may quash criminal proceedings if in its view, because of the compromise between the offender and the victim, the possibility of conviction is remote and bleak and continuation of the criminal case would put the 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 the 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 the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."

-6Court and by allowing and accepting the prayer of the petitioners by quashing the FIR would be securing the ends of justice, which is primarily the object of the legislature enacting under Section 482 Cr.P.C. In the facts and circumstances, this Court finds that the case in hand squarely falls within the ambit and parameters settled by judicial precedents and hence, FIR No.01 dated 17.01.2019, registered under Sections 498-A, 406, 420 IPC, at Police Station NRI District Gurdaspur and all subsequent proceedings arising therefrom, are hereby quashed qua the petitioners, on the basis of compromise (Annexure P-4). Needless to say that the parties shall remain bound by the terms and conditions of the compromise and their statements recorded before the Court below.

Petition stands allowed.

(RAJESH BHARDWAJ) 17.11.2022 JUDGE sharmila Whether Speaking/Reasoned :

Yes/No Whether Reportable :

Yes/No