Punjab-Haryana High Court
David Masih vs State Of Punjab And Another on 28 September, 2022
CRM-M-21334-2022 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
(301) CRM-M-21334-2022
Date of Decision: 28.09.2022
David Masih --Petitioner
Versus
State of Punjab and another --Respondents
CORAM:- HON'BLE MR. JUSTICE RAJESH BHARDWAJ
Present:- Mr. H.S. Sidhu, Advocate
for the petitioner.
Mr. Harpreet Singh, Addl. AG, Punjab.
Mr. P.S. Mehrok, Advocate for
Mr. Arvinder S. Khosa, Advocate
for respondent No.2.
***
RAJESH BHARDWAJ.J (Oral)
Instant petition has been filed under Section 482 Cr.P.C. praying
for quashing of FIR No.45, dated 06.03.2013, under Sections 363, 366, 376 and
506 of IPC at Police Station Ajnala, District Amritsar Rural along with
subsequent proceedings arising therefrom on the basis of compromise/affidavit
(Annexure P-2).
FIR in question was got registered by complainant-respondent
No.2 and the investigation commenced thereon. After lodging of the FIR, the
petitioner got married with respondent No.2 in the year 2015 and they are
blessed with two children aged about 06 years and 05 years. However, with the
intervention of respectables, finally the parties arrived at settlement and they
resolved their inter se dispute, which is apparent from Compromise Deed,
annexed as Annexure P-2. On the basis of the compromise, the petitioners are
invoking the inherent power of this Court by praying that continuation of these
proceedings would be a futile exercise and an abuse of process of the Court and
thus, the FIR in question and all the subsequent proceedings arising
1 of 5
therefrom may be quashed in the interest of justice.
This Court vide order dated 18.05.2022 directed the parties to
appear before the Illaqa/Duty Magistrate for recording their statements, as
contended before the Court, and the Illaqa/Duty Magistrate was also
directed to send its report.
In pursuance to the same, learned Sub Divisional Judicial
Magistrate, Ajnala has sent the report dated 21.07.2022 to this Court. With
the report she has also annexed the original statement of respondent No.2-
Simmy, and statement of petitioner namely, David Masih recorded on
13.07.2022 and also statement of ASI Kawal Singh recorded on 16.07.2022.
On the basis of the statements, learned Sub Divisional Judicial Magistrate,
Ajnala has concluded in the report that the compromise effected between
the parties is genuine, voluntary out of free will and without any coercion or
undue influence, fraud. It has been further mentioned that the accused was
not declared proclaimed offender in this case.
I have heard learned counsel for the parties, perused the record
and the report sent by learned Sub Divisional Judicial Magistrate, Ajnala.
A bare perusal of statutory provision of the 482 Cr.P.C. would
show that the High Court may make such orders, as may be necessary to
give effect to any order under this Code or to prevent abuse of the process
of any Court or otherwise to secure the ends of justice. Section 320 Cr.P.C.
is equally relevant for consideration, which prescribes the procedure for
compounding of the offences under the Indian Penal Code.
Keeping in view the nature of offences allegedly committed
and the fact that both the parties have amicably settled their dispute, the
continuation of criminal prosecution would be a futile exercise. The Hon'ble
2 of 5
Supreme Court in a number of cases including Narinder Singh and others
Versus State of Punjab and another, 2014 (6) SCC 466; B.S.Joshi and
others vs State of Haryana and another (2003) 4 Supreme Court Cases
675 followed by this Court in Full Bench case of Kulwinder Singh and
others Vs. State of Punjab and another, 2007(3) RCR 1052 have dealt
with the proposition involved in the present case and settled the law.
Thereafter, Hon'ble Supreme Court in Gian Singh vs State of
Punjab and another (2012) 10 Supreme Court Cases 303 further dealt with
the issue and the earlier law settled by the Supreme Court for quashing of
the FIR in State of Haryana vs Bhajan Lal, 1992 Supp (1) SCC 335. Para 61
of the judgment reads as under:-
"61. 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,
3 of 5
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
pre-dominatingly civil flavour stand on a 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, the High
Court may quash criminal proceedings if in its view, because
of the compromise between the offender and the victim, the
possibility of conviction is remote and bleak and continuation
of the criminal case would put the 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 the 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 the affirmative, the High Court shall be well
within its jurisdiction to quash the criminal proceeding."
Applying the law settled by Hon'ble Supreme Court in plethora
of judgments and this High Court, it is apparent that when the parties have
entered into a compromise, then continuation of the proceedings would be
merely an abuse of process of the Court and by allowing and accepting the
4 of 5
prayer of the petitioner by quashing the FIR would be securing the ends of
justice, which is primarily the object of the legislature enacting under
Section 482 Cr.P.C.
The Court is conscious of the fact that Section 376 IPC comes
in the ambit of heinous and non-compoundable offences. But in the peculiar
facts and circumstances and in the larger interest of both the parties and to
secure the ends of justice, this Court deems it appropriate to use its
discretion under Section 482 Cr.P.C. in favour of the parties.
As a result, this Court finds that the case in hand squarely falls
within the ambit and parameters settled by judicial precedents and hence,
FIR No.45, dated 06.03.2013, under Sections 363, 366, 376 and 506 of IPC at
Police Station Ajnala, District Amritsar Rural along with subsequent
proceedings arising therefrom are hereby quashed qua the petitioner on the
basis of compromise. Needless to say that the parties shall remain bound by
the terms and conditions of the compromise and their statements recorded
before the Court below.
Petition stands allowed.
(RAJESH BHARDWAJ)
28.09.2022 JUDGE
m.sharma
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
5 of 5
