The single judge bench of Justice Ashok Kumar Verma of the Punjab and Haryana High court in the case of Baljinder Singh @happy v state of Punjab and another held that the High Court has inherent power to quash criminal proceedings in non-compoundable cases on the basis of settlement between the parties to secure the ends of justice or to prevent abuse of the process where the possibility of conviction is remote and bleak.
BRIEF FACTS
The factual matrix of the case is that the present petition was filed under section 482 crpc in order to quash the fir filed under section 306 IPC, on the basis of compromise between the parties.
COURT’S OBSERVATION
The hon'ble court stated that the High Court has inherent power to quash the criminal proceedings in non-compoundable cases on the basis of settlement between the parties for securing the ends of justice or to prevent abuse of the process where the possibility of conviction is remote and bleak and continuation of the criminal case would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case.
Further, it was also stated by the court that Criminal cases having overwhelmingly and predominantly civil character particularly those arising out of the commercial transaction or arising out of matrimonial relationships or family disputes can be quashed when the parties have resolved their entire dispute among themselves. However, such power cannot be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape dacoity, etc. which are not private and have a serious impact on society. Similarly, prosecution for offences alleged to have been committed under special enactments like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity cannot be quashed based on a compromise between the victim and the offender.
The court relied on the judgements titled, Narinder Singh Vs. State of Punjab, State of Madhya Pradesh Vs. Laxmi Narayan and others and Kulwinder Singh and others Vs. State of Punjab and others.
The court further stated the judgement titled Gian Kaur vs the state of Punjab in which it was stated that
“wherein also it has been held that proceedings may be quashed having overwhelmingly and pre-dominatingly civil flavour such as offence arising from commercial financial, mercantile, civil, partnership or such like a transaction or the offences arising out of matrimony relating to dowry etc. of the family disputes where the wrong is private or personal in nature and the parties have resolved their entire dispute.”
The court was satisfied with the compromise effective between the party and their legal heir voluntarily, out of their free will and without any pressure or coercion. The same appears to be genuine. The court also stated that the use of compromise will bring peace and harmony between the parties and quash all the subsequent proceedings arising therefrom.
CASE NAME- Baljinder Singh @happy v state of Punjab and another
CITATION- CRM-M-38295-2020
DATED- 18.08.2022
CORUM- Justice Ashok Kumar Verma
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