Samma Singh v. State Of Punjab And ANR




    
    



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"The petitioner has approached this Court seeking quashing of FIR (Annexure P

1) and all consequential proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

Notice of motion for 09.01.2025.

At this stage, Ms. Navneet Kaur, Advocate, has put in appear

ance on behalf of respondent No.2 and has filed power of attorney, which is taken on record.

The parties are directed to move an application before the trial Court/Illaqa Magistrate concerned for getting their statements recorded qua the factum of compromise. As and when any such application is moved and put up before the trial Court/Illaqa Magistrate, the trial Court/Illaqa Magistrate shall consider the said application and do the needful for recording the statements of the parties qua the factum of the compromise, on any conve

nient date. After recording the statements of all the affected parties, and upon getting requisite information from Investigating Officer, the trial Court/Illaqa Magistrate shall submit its report on the basis of the statements so recorded, broadly on the following aspects:

(i) Whether there is any other accused other than the peti

tioner, arrayed in this petition. (ii) Whether there is any other complainant or affected/aggrieved party other than the respondents, arrayed in the petition.

(iii) Whether any accused has been declared Proclaimed Offender?

(iv) Whether the compromise in question is found to be a valid compromise and has been effected without there being any kind of influence or coercion?

The report be submitted before this Court on or before the next date."

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%%  < "(i) As per statement of ASI Hira Singh no.1311/Τ.Τ. Investigating Officer, in the present case only one person namely Samma Singh son of Suba Singh resident of Ward no.9, Knemkaran, Tehsil Patti District Tarn Taran is arraigned as accused.

(ii) As per statement of ASI Hira Singh no.1311/Τ.Τ, Present FIR was registered on the statement of complainant

 Khushwinder Singh son of Kuldip Singh resident of ward no.9 Khemkaran, Tehsil Patti District Tarn Taran. There is no other complainant nor affected/aggrieved party other than respondent no.2 in the present case.

(iii) As per statement of ASI Hari Singh, Investigating Officer, no accused has been declared as proclaimed offender. (iv) As per the statement of parties and oral submissions of the parties, the compromise arrived at between the parties seems to be genuine, voluntary and without any coercion of undue influence."

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(a) Power u/s 482 Cr.P.C. vested with this Court is much wider and is unaffected 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.

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(i) Putting a quietus to the proceedings will bring peace and tranquility amongst parties & will accordingly further the cause of substantial justice.

(ii) The offences alleged are primarily 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 is reported to have entered into compromise on his own volition

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