Punjab-Haryana High Court
Gurjit Singh Alias Gurjeet Singh ... vs State Of Punjab And Another on 9 December, 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
242 CRM-M-52616-2022
Date of Decision:09.12.2022
Gurjit Singh alias Gurjeet Singh and Others ...Petitioners
Versus
State of Punjab and Another ...Respondents
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present: Mr. Munish Kumar Garg, Advocate, for
Mr. Sumeet Suri, Advocate
for the petitioner
Mr. Digvijay Nagpal, AAG, Punjab
Ms. Prabhjot Kaur, Advocate, for
Mr. Harjot Singh Manu, Advocate
for respondent No.2
****
JAGMOHAN BANSAL, J. (Oral)
The instant petition has been filed under Section 482
Cr.P.C. seeking quashing of FIR No.103 dated 16.06.2022 (Annexure
P-1) under Sections 380 and 411 of IPC, 1860, registered at Police
Station Pasyana District Patiala, and subsequent proceedings arising
therefrom, on the basis of Compromise dated 03.11.2022 (Annexure
P-2).
In terms of order dated 15.11.2022 of this Court, JMIC,
Patiala, has submitted his report dated 30.11.2022. The relevant
extracts of the report as below:-
"1. This court is satisfied that the complainant and
the accused have suffered their statements voluntarily
without any pressure, threat or coercion.
2. In the present case, only Gurjit Singh @ Gurjeet
Singh, Surinder Singh, Balwinder Singh and Satpal
have been arrayed as accused and they are on bail.
3. As per record of Police Station Passiana, Patiala
accused persons are not involved in any other case.
4. Neither of the accused have been declared as
proclaimed offender/person nor any proclamation
proceedings are pending against them. This information
is hereby submitted for king perusal of your goodsefl
and necessary action please."
MOHIT KUMAR
2022.12.09 18:40
I attest to the accuracy and
authenticity of this order/judgment
Learned State counsel and learned counsel for respondent
No.2 would submit that they have no objection if the present FIR and
subsequent proceedings 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:
"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 320 Cr.P.C, which is the
exclusive domain of Legislature. There is no patent or
latent ambiguity in the language of Section 320 Cr.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 320 Cr.P.C. is not
an embargo against invoking inherent powers by the High
Court vested in it under Section 482 Cr.P.C. The High
Court, keeping in view the peculiar facts and circumstances
of a case and for justifiable reasons can press Section 482
Cr.P.C. in aid to prevent abuse of the process of any Court
and/or to secure the ends of justice.
MOHIT KUMAR
2022.12.09 18:40
I attest to the accuracy and
authenticity of this order/judgment
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 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.
MOHIT KUMAR
2022.12.09 18:40
I attest to the accuracy and
authenticity of this order/judgment
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).
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 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.103
dated 16.06.2022 (Annexure P-1) under Sections 380 and 411 of IPC,
MOHIT KUMAR
2022.12.09 18:40
I attest to the accuracy and
authenticity of this order/judgment
1860, registered at Police Station Pasyana District Patiala, and
subsequent proceedings arising therefrom, are quashed qua the
petitioners.
(JAGMOHAN BANSAL)
JUDGE
09.12.2022
Mohit Kumar
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
MOHIT KUMAR
2022.12.09 18:40
I attest to the accuracy and
authenticity of this order/judgment
