Raj Kumar Alias Raj And ORS. v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: 25.01.2023 RAJ KUMAR @ RAJ AND OTHERS ....Petitioners

Versus

STATE OF PUNJAB AND ANOTHER

...Respondents

CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. Suresh Kumar Arya, Advocate for the petitioners.

Mr. Harjinder S. Sidhu, AAG, Punjab.

Mr. Nihal S. Choudhary, Advocate for respondent No.2.

HARSH BUNGER, J. (Oral) This petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.307 dated 29.09.2020, under Sections 323, 325, 148, 149, 506 and 201 of Indian Penal Code registered at Police Station Basti Bawa Khel, District Jalandhar (Annexure P-1) and all the consequent proceedings arising therefrom, on the basis of compromise dated 17.10.2022 (Annexure P-2) arrived at between the parties. Vide order dated 24.11.2022, passed by this Court, the Illaqa Magistrate/trial Court was directed to record the statements of the parties with regard to the genuineness and validity of the compromise. In compliance thereof, the Judicial Magistrate Ist Class,

Jalandhar has submitted a consolidated report, vide letter dated 11.01.2023 which indicates that the parties appeared before the Magistrate and got recorded their respective statements with regard to the validity of the compromise. As per the report, the compromise arrived at between the parties is genuine and with free will and consent. Relevant extract of the said report is reproduced as under:- " In compliance of the order passed by the Hon'ble High of Punjab & Haryana, Chandigarh in Criminal Misc. No. 50830 of 2022 in case titled as Raj Kumar and Ors Vs. State of Punjab & Another the undersigned recorded the statement of complainant/victim namely Rakesh Kumar. As per his statement the matter has been amicably sorted out between him and the accused persons. He has no grudge with the accused persons.

He does not want to proceed with the present case and he has no objection if the present case FIR is quashed against the accused persons. The compromise has been effected between him and accused persons without any coercion, duress, allurement, direct or indirect pressure or any undue influence, fear and force. As such he does not want to proceed with the present case anymore. He is ready to make statement in this effect either before the police or any court including Hon'ble Punjab & Haryana High Court, Chandigarh. He has proved his identification proof i.e. Aadhar Card.

Accused Raj Kumar, Naresh Kumar, Surjeet Kumar, Rahul and Rajinder Kumar @ Rinku have suffered separate statements that they have arrived at a compromise in this matter with the complainant with the intervention of the respectables, friends and relatives. The matter has been amicably sorted out between him and the complainant. He has no grudge with the complainant. The compromise has been arrived at voluntarily without any pressure, coercion, by the other party and with his own sweet will. Photocopy of identification proofs i.e. their Aadhar Cards are attached herewith.

IO ASI Raghuvir Singh suffered a statement that there are only five accused persons in the present case and Rakesh Kumar is the complainant. He further stated that no accused has been declared as Proclaimed Offender in the present case. It is respectfully submitted that the statement of the complainant/victim & accused in case titled as Raj Kumar and ors Vs. State of Punjab and another qua the compromise have been recorded in my presence. Raj Kumar, Naresh Kumar, Surjeet Kumar, Rahul and Rajinder Kumar @ Rinku are the only accused in this case who are facing trial. It is further respectfully submitted that from the statements of both the parties, it seems that compromise effected between them is genuine one and is voluntarily without any pressure, out of free will, duress or any undue influence.

Hence, my report as desired by the Hon'ble High Court regarding the genuineness of the compromise effected between the parties." A perusal of the said report would show that statements of the concerned persons have been recorded in the case, who have stated that the matter has been compromised and the complainant has further endorsed his no objection in case the FIR in question is quashed. They have further stated that the compromise arrived at between them is genuine, voluntary and without any pressure.

Learned counsel for respondent No.2 has again reiterated that the matter has been settled and the said compromise is in the interest of all the concerned persons and would help in bringing out peace and amity between the parties.

Learned State counsel does not raise any serious dispute regarding quashing of aforesaid FIR in question. I have heard the learned counsel for the parties and have perused the file.

In Shakuntala Sawhney Vs. Kaushalya Sawhney, (1979) 3

SCR 639, at P 642, Hon'ble Supreme Court observed that the finest hour of Justice arises propitiously when parties, who fell apart, bury the hatchet and weave a sense of fellowship or reunion.

Hon'ble Apex Court in the case of Gian Singh Versus State of Punjab and another. 2012(4) RCR (Criminal) 543 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. 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 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.

or the offences arising out of matrimony relating to dowry etc. or the family disputes where the wrong is basically private or personnel 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.

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 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 affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding." Considering the entire facts, compromise, the statements of the parties recorded before the Illaqa Magistrate / Trial Court and also the report dated 11.01.

2023 submitted by Judicial Magistrate Ist Class, Jalandhar since the parties have arrived at a compromise by amicably settling their disputes and have decided to live in peace, no useful purpose will be served in allowing the criminal proceedings to continue. Further, in the light of the above mentioned judicial precedents, when the parties have entered into a compromise, then continuation of the proceedings would be mere an abuse of process of the Court.

accepting the prayer of the petitioners, would be securing the ends of justice. Accordingly, this petition is allowed. FIR No.307 dated 29.09.2020, under Sections 323, 325, 148, 149, 506 and 201 of Indian Penal Code registered at Police Station Basti Bawa Khel, District Jalandhar (Annexure P-1) and all the consequent proceedings arising therefrom, are quashed qua the petitioners. However, the same would be subject to payment of costs of Rs.10,000/- to be deposited by the petitioners with the "Poor Patients Welfare Fund, PGIMER, Chandigarh" and the said amount would be spent for the treatment of poor patients within the knowledge of its Medical Superintendent.

Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below. All pending application(s), if any, shall stand disposed of. 25.01.2023 (HARSH BUNGER) Himani JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No