Manju Kaur And Others v. State Of Punjab And Others
CRM-M No. 52536 of 2019 --1--
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CRM-M-52536-2019
Reserved on: 16.11.2022
Pronounced on : 23.12.2022 Manju Kaur and others ......Petitioners Vs.
State of Punjab and others ......Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Mr. Karamjit Singh Dhaliwala, Advocate for the petitioners. Mr. Virat Rana, AAG, Punjab.
Mr. Premjit Singh Dhaliwal, Advocate for respondents No.2 to 5. *** ANOOP CHITKARA J.
FIR No.
Dated Police Station Sections 03.09.2018 Ajitwal, Distt. Moga 323, 341, 506, 149 IPC The petitioners, arraigned as accused in the above captioned FIR, have come up before this Court under Section 482 CrPC for quashing of the FIR and all consequential proceedings based on the compromise with the aggrieved person. 2.
During the pendency of the petition, the accused and the aggrieved person have compromised the matter, and its copy is annexed with this petition as Annexure P-2. 3.
After that, the petitioners came up before this Court to quash the FIR, and in the quashing petition, impleading the aggrieved person as respondent. 4.
On 17.12.2019, the aggrieved person-Karmjit(R-1), Manjit (R-2), Kulwant (R-3), and Harveer (R-4) appeared before the JMIC, Moga and stated that there would be no objection if the court quashes this FIR and consequent proceedings. As per the concerned court's report dated 21.12.2019, the parties consented to the quashing of FIR and consequent proceedings without any threat.
ANALYSIS & REASONING:
5.
A perusal of the compromise deed Annexure P-3, which remains undisputed and instead admitted by the parties, reveals that the matter has been settled, and even an effort has been made so that the dispute does not happen again. The parties are neighbors, and ANJU RANI 2022.12.23 16:09 I attest to the accuracy and integrity of this document
CRM-M No. 52536 of 2019 --2-- who knows how long they might live in the vicinity. There were cross-versions, each contradicting the other. In every scuffle, one party would receive more injuries than the other, but in the present case it is difficult to say which party was the aggressor. Apart from this, in the closely-knit neighborhoods, when the parties have buried their hatchets, the continuation of criminal proceedings will not advance the reformative purposes of jurisprudence just for deterrence.
6.
Despite the opposition of the State's counsel to this compromise, the following aspects would be relevant to conclude this petition. In the present case, all the offences are compoundable under Section 320 CrPC. Given the legislative mandate, the prosecution can be closed by quashing the FIR and consequent proceedings. 7.
In Shakuntala Sawhney v 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. 8.
In the light of the judicial precedents referred to above, given the terms of compromise, placement of parties, and other factors peculiar to the case, the contents of the compromise deed and its objectives point towards its acceptance. 9.
In Himachal Pradesh Cricket Association v State of Himachal Pradesh, 2018 (4) Crimes 324, Hon'ble Supreme Court holds "[47]. As far as Writ Petition (Criminal) No. 135 of 2017 is concerned, the appellants came to this Court challenging the order of cognizance only because of the reason that matter was already pending as the appellants had filed the Special Leave Petitions against the order of the High Court rejecting their petition for quashing of the FIR/Chargesheet. Having regard to these peculiar facts, writ petition has also been entertained. In any case, once we hold that FIR needs to be quashed, order of cognizance would automatically stands vitiated."
10.
Considering the entire facts, compromise, and in the light of the above-mentioned judicial precedents, I believe that continuing these proceedings will not suffice any fruitful purpose whatsoever. In the facts and circumstances peculiar to this case, the Court invokes the inherent jurisdiction under section 482 CrPC and quashes the FIR and all subsequent proceedings qua the petitioner(s). The bail bonds of the petitioners are accordingly discharged. All pending application(s), if any, stand closed. Petition allowed in the terms mentioned above. (ANOOP CHITKARA) JUDGE 23.12.2022 anju rani Whether speaking/reasoned:
Yes Whether reportable:
No.
ANJU RANI 2022.12.23 16:09 I attest to the accuracy and integrity of this document