Kashmir Singh And Others vs State Of Punjab And Another
2022 Latest Caselaw 2018 P&H

CRM-M-35647-2019 (O&M)                                                -1-

    IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
                HARYANA AT CHANDIGARH


                                                  CRM-M-35647-2019 (O&M)
                                                   Date of decision: 24.03.2022


Kashmir Singh and others                                          ...Petitioners

                                        Versus

State of Punjab and another                                     ...Respondents


CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:-   Mr. C. K. Mahajan, Advocate
            for the petitioners.

            Mr. Joginder Pal Ratra, DAG, Punjab.

            Mr. Varinder Basa, Advocate
            for respondent No. 2/complainant.

ARVIND SINGH SANGWAN, J. (Oral)

By way of the present petition, filed under Section 482 Cr.P.C.,

the petitioners have prayed for quashing of FIR No. 51 dated 23.07.2019,

under Sections 452, 326, 323, 34 of the IPC, registered at Police Station

Sekhwan, Police District Batala, District Gurdaspur (Annexure P-1) and all

the subsequent proceedings arising therefrom, on the basis of the compromise

(Annexure P-2) entered into between the parties.

Vide orders dated 29.08.2019 and 20.11.2019, the parties were

directed to appear before the trial Court and the trial Court was directed to

record the statements of the parties and submit a report regarding number of

persons arrayed as accused in the FIR; whether any accused is proclaimed

offender; whether the compromise is genuine, voluntary and without any

coercion or undue influence and whether any accused person is involved in

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any other FIR. The trial Court was also directed to record the statement of the

Investigating Officer as to how many victims/complainants are there in the

FIR.

A report dated 04.01.2020 has been submitted by the JMIC,

Batala, wherein it has been reported that statement of the petitioners and

respondent No. 2 has been recorded and statements made by the parties in the

Court reveal that they have voluntarily entered into a compromise and the

Court is satisfied that the parties have amicably settled their dispute without

any fear, pressure, threat or coercion and out of their free will. The trial Court,

on the basis of the statement of the Investigating Officer, has also reported

that there is no other accused other than the petitioners nor there is any other

complainant/affected/aggrieved party other than respondent No. 2. It is also

reported that none of the accused/petitioners has been declared a proclaimed

offender.

Learned counsel for the petitioners further submitted that no

other criminal case is pending between the parties and none of the petitioners

is a proclaimed offender.

Learned State counsel, on instructions from the Investigating

Officer, has not disputed the fact that the parties have arrived at a settlement

with an intent to give burial to their differences.

I have heard learned counsel for the parties and perused the case

file.

As per the Full Bench judgment of this Court in Kulwinder

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

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

compounding of non-compoundable offence and quash the prosecution where

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the High Court feel that the same was required to prevent the abuse of the

process of law or otherwise to secure the ends of justice. This power of

quashing is not confined to matrimonial disputes alone.

Hon'ble Apex Court in the case of Gian Singh Vs. State of

Punjab and another, 2012 (4) RCR (Criminal) 543, has held 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. But the criminal cases having overwhelmingly and

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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 arrived at a compromise and have decided

to live in peace, no useful purpose would be served in allowing the criminal

proceedings to continue.

In view of the above discussion, present petition is allowed and

FIR No. 51 dated 23.07.2019, under Sections 452, 326, 323, 34 of the IPC,

registered at Police Station Sekhwan, Police District Batala, District

Gurdaspur (Annexure P-1) and all the subsequent proceedings arising

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therefrom are ordered to be quashed qua the petitioners herein, however,

subject to payment of costs of `5,000/- to be deposited with the District Legal

Services Authority, concerned.

24.03.2022                                        (ARVIND SINGH SANGWAN)
Waseem Ansari                                             JUDGE



                Whether speaking/reasoned                     Yes/No

                Whether reportable                            Yes/No




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