Punjab-Haryana High Court
Lalit And Others vs State Of Haryana on 2 December, 2022
CRM-M-51872-2022 -1-
229 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-51872-2022
Date of Decision:02.12.2022
LALIT AND OTHERS ......... Petitioners
Versus
STATE OF HARYANA ..... Respondent
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present : Mr. Gaurav Gupta, Advocate for the petitioners.
Mr. Chetan Sharma, AAG, Haryana.
Mr. Kunal Garg, Advocate for respondent No.2.
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JAGMOHAN BANSAL, J. (Oral)
This petition is filed under Section 482 Cr.P.C. for quashing
of FIR No.0370 dated 23.05.2022 registered at Police Station Hansi City,
District Hisar under Sections 379 and 420 of IPC 1860 & later on
Section 379 of IPC 1860 deleted and Sections 212, 201 and 120-B of
IPC 1860 added later on, and all other consequential proceedings arising
therefrom, on the basis of compromise/affidavit dated 31.10.2022
(Annexure P-3).
In terms of order dated 11.11.2022 of this Court, learned
Sub Divisional Judicial Magistrate, Hansi has submitted his report dated
21.11.2022. The relevant extracts of the report are as below :-
"It is further submitted with utmost humility that in
pursuance of directions Hon'ble High Court, complainant
Ramesh Chander and aforesaid five accused had
appeared before the Court of undersigned on 18.11.2022
and they had produced Memorandum of
Understanding/written compromise. Complainant victim
Ramesh Chander, without any pressure or coercion,
made voluntary statement to the effect that he has
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compromised the matter with aforesaid five accused with
the intervention of Panchayat and he has no objection in
case FIR No.370/2022, P.S. City Hansi, is quashed.
Aforesaid five accused have also made Joint statement,
whereby they concurred with the statement of
complainant. Parties were duly identified by their
respective counsel. The undersigned too had asked
relevant material questions regarding the statements so
got recorded by parties and all the concerned had given
reasonable answers to the questions. They had
concurred with the statements that the same are their
voluntarily depositions. Keeping in view the facts and
circumstances of the case, oral as well as recorded
statements of the parties, this Court is of the considered
opinion that compromise arrived at between complainant
and aforesaid five accused is valid, genuine and same is
without any coercion or undue influence."
Statement of Investigation Officer was recorded by Trial Court
and said statement is part of report dated 23.11.2022 submitted by learned
Trial Court.
Learned State counsel on instruction from Investigating
Officer submitted that State has no objection if FIR and consequent
proceedings in view of compromise are quashed.
Relying upon its earlier judgments in 'Gian Singh Vs. State of
Punjab and others, (2012) 10 SCC 303' and 'The State of Madhya
Pradesh Vs. Laxmi Narayan and others (2019) 5 SCC 688', a two Judge
Bench of the Hon'ble Supreme Court in 'Ramgopal and another Vs. State
of Madhya Pradesh 2021 SCC online SC 834' while dealing with power of
High Court under Section 482 of Cr.P.C. to quash non-
compoundable offences on the basis of compromise between the
disputing parties has held:
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"11. True it is that offences which are 'non-
compoundable' cannot be compounded by a criminal
court in purported exercise of its powers under Section
320 Cr.P.C. Any such attempt by the court would amount
to alteration, addition and modification of Section
320Cr.P.C, which is the exclusive domain of Legislature.
There is no patent or latent ambiguity in the language of
Section 320Cr.P.C., which may justify its wider
interpretation and include such offences in the docket of
'compoundable' offences which have been consciously
kept out as non-compoundable. Nevertheless, the limited
jurisdiction to compound an offence within the
framework of Section 320Cr.P.C. is not an embargo
against invoking inherent powers by the High Court
vested in it under Section 482Cr.P.C. The High Court,
keeping in view the peculiar facts and circumstances of
a case and for justifiable reasons can press Section
482Cr.P.C. in aid to prevent abuse of the process of any
Court and/or to secure the ends of justice.
12. The High Court, therefore, having regard to
the nature of the offence and the fact that parties have
amicably settled their dispute and the victim has
willingly consented to the nullification of criminal
proceedings, can quash such proceedings in exercise of
its inherent powers under Section 482 Cr.P.C., even if
the offences are non- compoundable. The High Court
can indubitably evaluate the consequential effects of the
offence beyond the body of an individual and thereafter
adopt a pragmatic approach, to ensure that the felony,
even if goes unpunished, does not tinker with or
paralyze the very object of the administration of
criminal justice system.
13. It appears to us that criminal proceedings
involving non-heinous offences or where the offences
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are pre-dominantly of a private nature, can be annulled
irrespective of the fact that trial has already been
concluded or appeal stands dismissed against
conviction. Handing out punishment is not the sole form
of delivering justice. Societal method of applying laws
evenly is always subject to lawful exceptions. It goes
without saying, that the cases where compromise is
struck post-conviction, the High Court ought to exercise
such discretion with rectitude, keeping in view the
circumstances surrounding the incident, the fashion in
which the compromise has been arrived at, and with due
regard to the nature and seriousness of the offence,
besides the conduct of the accused, before and after the
incidence. The touchstone for exercising the extra-
ordinary power under Section 482 Cr.P.C. would be to
secure the ends of justice. There can be no hard and fast
line constricting the power of the High Court to do
substantial justice. A restrictive construction of inherent
powers under Section 482 Cr.P.C. may lead to rigid or
specious justice, which in the given facts and
circumstances of a case, may rather lead to grave
injustice. On the other hand, in cases where heinous
offences have been proved against perpetrators, no such
benefit ought to be extended, as cautiously observed by
this Court in Narinder Singh & Ors. vs. State of Punjab
& Ors.3 and Laxmi Narayan (Supra).
14. In other words, grave or serious offences or
offences which involve moral turpitude or have a
harmful effect on the social and moral fabric of the
society or involve matters concerning public policy,
cannot be construed betwixt two individuals or groups
only, for such offences have the potential to impact the
society at large. Effacing abominable offences
through quashing process would not only send a
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wrong signal to the community but may also accord
an undue benefit to unscrupulous habitual or
professional offenders, who can secure a 'settlement'
through duress, threats, social boycotts, bribes or
other dubious means. It is well said that "let no guilty
man escape, if it can be avoided."
From the perusal of the enclosed FIR, report of the Trial
Court and compromise arrived between the parties, it transpires that
contesting parties have amicably resolved their issue, thus, no useful
purpose would be served by continuing the proceedings. The alleged
offences are of pre-dominantly private in nature and no moral turpitude
or interest of public at large is involved. There appears to be no chance
of conviction, the continuance of the proceedings would just waste
valuable judicial time and it is well-known fact that courts are already
over burdened.
In view of above facts and circumstances, the present
petition deserves to be allowed and accordingly is allowed.
FIR No.0370 dated 23.05.2022 registered at Police Station
Hansi City, District Hisar under Sections 379 and 420 of IPC 1860 &
later on Section 379 of IPC 1860 deleted and Sections 212, 201 and 120-
B of IPC 1860 added later on, and all other consequential proceedings
arising therefrom are quashed qua the petitioner(s).
( JAGMOHAN BANSAL )
JUDGE
02.12.2022
Ali
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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