Vikas Kumar @ Shiv And Others v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: 10.02.2023 VIKAS KUMAR @ SHIV AND ORS ....Petitioners

Versus

STATE OF PUNJAB AND ANR

...Respondents

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

Mr. Tarun Singla, Advocate for Mr. Gangandeep Singh Simble, Advocate for the petitioners.

Mr. Harjinder S. Sidhu, AAG, Punjab.

HARSH BUNGER, J. (Oral) This petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.186 dated 13.11.2022, under Sections 325, 323, 148 and 149 of IPC, 1860, registered at Police Station City Batala, District Batala and all the consequent proceedings arising therefrom, on the basis of compromise dated 21.11.2022 (Annexure P-2) arrived at between the parties. Vide order dated 21.12.2022 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 Sub Divisional Judicial Magistrate, Batala has submitted a consolidated report, vide letter dated 20.01.2023 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 to the aforesaid order dated 21.12.2022, of the Hon'ble Punjab and Haryana High Court, it is respectfully submitted that the report of the undersigned is as follows:

i) As per statement of Investigating officer ASI Sukhwinder Singh, #2694/Btl, PS City Batala, Police District Batala, 5 persons namely Bhola s/o unknown, Shiv s/o unknown, Shankar s/o unknown, Suraj s/o unknown, Rajan s/o unknown were arrayed as accused along with 5 unidentified persons. He further stated that the matter is still under investigation since the parties opted for filing a quashing petition after compromising the matter, as such, final report/police challan has not been presented in the Court yet which could ascertain the accused involved in the alleged occurrence. ii) As per statement of Investigating officer ASI Sukhwinder Singh. #2694/Btl, PS City Batala, Police District Batala, final report/police challan has not been presented in the Court, yet. iii) As per statement of Investigating officer ASI Sukhwinder Singh, #2694/Btl. PS City Batala, Police District Batala, in the present FIR, neither any accused has been declared as proclaimed person/offender nor any PO proceedings are pending against the accused.

iv) As per statement of Investigating officer ASI Sukhwinder Singh, #2694/Btl. PS City Batala, Police District Batula, apart from the present FIR, no other FIR is pending or registered against above named accused at P.S. City Batala, Police District Batala, District Gurdaspur.

v) Complainant/ Respondent no. 2 namely Krishan Kant @ Kamal Anand S/o Balwinder Kumar has furnished photocopy of compromise dated 21.11.2022 as Mark A which as per his

statement, has been signed by him and all the five accused i.e. petitioners no. 1 to 5.

vi) In view of the statements suffered by the parties who have appeared and recorded their statements, this Court is satisfied that the compromise effected between them is genuine, voluntary and without any coercion or undug influence. vii) Statement of Investigating officer ASI Sukhwinder Singh, #2694/Btl, PS City Batala, Police District Batala, has been recorded who stated that present FIR has been registered on the statement of Kamal Anand So Balwinder Kumarand there is no other injured/aggrieved person apart from the said complainant i.e. Kamal Anand S/o Balwinder Kumar."

x - x - x - x 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. But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on 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.

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." Still further, the broad principles for exercising the powers under Section 482 were summarized by the Hon'ble Supreme Court in the matter of 'Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others versus State of Gujarat and another" (2017) 9 SCC 641', the same are extracted as under: 16.

16.1 Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court;

16.2 The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the

offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-compoundable. 16.3 In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power; 16.4 While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised; (i) to secure the ends of justice or (ii) to prevent an abuse of the process of any court; 16.5 The decision as to whether a complaint or First Information Report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated;

16.6 In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is

founded on the overriding element of public interest in punishing persons for serious offences;

16.7 As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing in so far as the exercise of the inherent power to quash is concerned; 16.8 Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute;

16.9 In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and 16.10 There is yet an exception to the principle set out in propositions 16.8 and 16.9 above. Economic offences involving the financial and economic well-being of the state have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. The consequences of the act complained of upon the financial or economic system will weigh in the balance.

Considering the entire facts, compromise, the statements of the parties recorded before the Illaqa Magistrate / Trial Court and also the report dated 20.01.2023 submitted by Sub Divisional Judicial Magistrate, Batala 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.

In order to prevent unnecessary continuation of criminal proceedings on the ground that there are bleak chances of conviction in the case, I am of the considered view that it would be in fitness of things to quash the FIR on the basis of compromise and by quashing the FIR while accepting the prayer of the petitioners, would be securing the ends of justice. Accordingly, this petition is allowed. FIR No.186 dated 13.11.2022, under Sections 325, 323, 148 and 149 of IPC, 1860, registered at Police Station City Batala, District Batala and all the consequent proceedings arising therefrom, are quashed qua the petitioners. However, the same would be subject to payment of costs of Rs.

Account Name :- Punjab and Haryana High Court Bar Association Lawyers Family Welfare Fund.

Account Number :- 41564846387 Bank Name:- State Bank of India, High Court Branch.

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. 10.02.2023 (HARSH BUNGER) Himani JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No