Harpreet Singh @ Happy vs State Of Punjab And Anr
2022 Latest Caselaw 5843 P&H

CRM-M-585-2022 (O&M)                                             1

272
           IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

                                         CRM-M-585-2022 (O&M)
                                         Date of Decision:01.06.2022


Harpreet Singh @ Happy

                                                                 .. Petitioner
             Vs.

State of Punjab and anothers

                                                                ..Respondents

CORAM: HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:     Mr. Prateek Pandit, Advocate for the petitioner.

             Mr. Amar Ashok Pathak, Addl. A.G, Punjab.

             Mr. Barjinder Singh, Advocate
             for respondent No.2.
                               ...
Manoj Bajaj, J. (Oral)

Through this petition, filed under Section 482 Cr.P.C., the

petitioner has prayed for quashing of FIR No.111 dated 22.09.2012

(Annexure P-1) under Sections 326, 324 and 34 IPC, 1860 registered at

Police Station Sadar, Kapurthala, District Kapurthala and the proceedings

arising therefrom, on the basis of the compromise dated 23.07.2021

(Annexure P-3) entered into between the parties.

Vide order dated 02.02.2022, the parties were directed to

appear before the trial Court for recording of their statements and report was

sought regarding compromise.

In deference to the said order, a report dated 02.03.2022

submitted by the ld. Addl. Chief Judicial Magistrte, Kapurthala, reveals that

as per statements made by the parties in the Court, they have voluntarily

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entered into a compromise and the Court is satisfied that the said settlement

is without any fear, pressure, threat or coercion and out of their free will.

Learned counsel has pointed out that the petitioner was

declared innocent as per the final report under Section 173(2) Cr.P.C., who

was summoned under Section 319 Cr.P.C. and at that stage, he was abroad,

therefore, he was declared proclaimed offender on 01.02.2016, but

subsequently, after his arrest on 01.12.2021, he was released on regular bail

vide order dated 06.12.2021. It is also pointed out that the petitioner is not

involved in any other case.

Learned State counsel as well as learned counsel for the

respondent No.2 do not dispute the factum of compromise between the

parties.

I have heard learned counsel for the parties and perused the

case file.

The Full Bench judgment of this Court in Kulwinder Singh

and others Vs. State of Punjab, 2007 (3) RCR (Criminal) 1052,

categorically held that the High Court has power under Section 482 Cr.P.C.

to allow the compounding of non-compoundable offence and same is not

confined to matrimonial disputes alone.

The relevant para is extracted below :-

"29. The only inevitable conclusion from the above discussion is that there is no statutory bar under the Criminal Procedure Code which can affect the inherent power of this Court under Section 482. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in non-compoundable offences notwithstanding the bar under Section 320 of the Criminal Procedure Code, in

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order to prevent the abuse of law and to secure the ends of justice."

In Gian Singh Vs. State of Punjab and another, 2012 (4)

RCR (Criminal) 543, the Hon'ble Supreme Court has also discussed the

powers of High Court under Section 482 Cr.P.C. and the relevant portion

reads as under :-

"The position that emerges from the above discussion can be summarised thus: 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. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. 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. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences.

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But the criminal cases having overwhelmingly and predominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."

Since the parties have settled the dispute and decided to live in

peace, therefore, no meaningful purpose would be served in allowing the

criminal proceedings to continue.

In view of the above, present petition succeeds and FIR No.111

dated 22.09.2012 (Annexure P-1) under Sections 326, 324 and 34 IPC, 1860

registered at Police Station Sadar, Kapurthala and all the subsequent

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proceedings arising therefrom are ordered to be quashed.

                                                         (MANOJ BAJAJ)
01.06.2022                                                  JUDGE
Jasmine Kaur




               Whether speaking/reasoned               Yes No
               Whether reportable                      Yes No




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