Ramanpreet Kaur And Another v. State Of Punjab And Another
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"The present petition has been moved invoking jurisdiction of this Court under Section 482 Cr.P.C by the petitioners seeking quashing of FIR No.09 dated 11.01.2021, registered for offences punishable under Sections 420, 406, 120+B IPC at Police Station Sadar Dhuri, District Sangrur along with all subsequent proceedings arising therefrom.
Learned counsel for the petitioners contends that the matter already stands compromised vide compromise dated Nil
(Annexure P+2).
Notice of motion for 15.12.2023.
On the asking of the Court, Mr. Tarun Aggarwal, SrDAG, Punjab accepts notice оп behalf of respondent No.1+State. Mr. Amitoj Singh, Advocate appears and accepts notice on behalf of respondent No.2 and admits the fact of there being a compromise between the parties.
In view of the above, the parties, i.e. the petitioners as well as respondent No.2 are directed to appear before learned Duty Magistrate/Illaqa Magistrate/Trial Court on 19.09.2023. On their doing so, the learned Duty Magistrate/Illaqa Magistrate/Trial Court shall record their statements and furnish its report to this Court by the next date of hearing on the following aspects:+
1. Number of persons arrayed as accused in the FIR.
2. Whether any accused is proclaimed offender?
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 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 Duty Magistrate/Illaqa Magistrate Court/Trial Court shall be at liberty to call the parties on any other date but not later than a week thereafter."
%+ %+ $+$5 %0 ! ( 6 0 !/ (i) Number of persons arrayed as accused in the FIR; As per the statement of Investigating Officer ASI Gurpreet Singh No. 2408/SGR, there are two persons arrayed as accused in this FIR namely Ramanpreet Kaur wife of Ranjit Singh and Ranjit Singh son of Gurmail Singh both residents of village PaharpurPS Sadar Nabha, District Patiala.
(ii) Whether any accused is proclaimed offender; As per the statement of Investigating Officer ASI Gurpreet Singh No. 2408/SGR, accused are not declared as proclaimed offender. (iii) Whether the compromise is genuine, voluntary and without any coercion or undue influence;
From the statements of the parties recorded, it appears that the said compromise is genuine, voluntary, without any coercion or undue influence.
(iv) Whether the accused persons are involved in any other case or not? As per the statement of Investigating Officer and statement of parties, accused are not involved in any other case.
(v) How many victims/complainants are there in the FIR? As per the statement of Investigating Officer and statement of parties, there is only one complainant/victim in the present FIR namely Jaswinder Kaur w/o Late Shamsher Singh resident of Shamsher Singh Gajju.
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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) The present matter does not fall within the exceptions as carved out in !"# 2 case (supra) i.e. heinous offence.
(ii) The offences alleged 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 is reported to have entered into compromise on his own volition.
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