The Punjab and Haryana HC was dealing with the petition filed under Section 482 Cr.P.C. seeking quashing of FIR under Sections 323 and 341 IPC read with Section 34 IPC (Sections 308 and 325 IPC added later on), and all other consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.
Learned counsel for the parties have stated that the present FIR may be quashed as the parties have amicably settled the dispute. A report from Judicial Magistrate Ist Class, Malerkotla, has been received through District and Sessions Judge, Sangrur with statements of parties, in which, it has been mentioned that the compromise is genuine and there was no undue influence or coercion from any side.
The Court relied upon the case of Kulwinder Singh vs. State of Punjab and another, and Sube Singh and another vs. State of Haryana and another, and observed that compounding of offence can be allowed even after conviction, during proceedings of the appeal against conviction pending in Sessions Court and in case of involving non-compoundable offence.
The Court also relied upon the case of Gian Singh v. State of Punjab and another, where the SC ruled that “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. 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.”
After hearing the submissions and evaluating various case laws the HC observed that both the parties to the litigation have entered into compromise and on that basis, the present petition under Section 482 Cr.P.C. has been filed for quashing the present FIR. The Court observed that “The compromise has been arrived at with the intervention of the respectable and family members and the parties have decided to keep harmony between them and to live peacefully in future. Hence, it would be in the interest of justice that parties are allowed to compromise the matter.”
The HC allowed the petition.
Bench: Hon'ble Mr. Justice Lalit Batra
Case Title: Manpreet Singh and others v. State of Punjab and others
Case Details: CRM-M-24780-2021
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