Punjab-Haryana High Court
Jatinder Kumar Alias Rinku And Anr vs State Of Punjab And Another on 2 August, 2023
Neutral Citation No:=2023:PHHC:100385
CRM-M-21810-2023 1
2023:PHHC:100385
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
278
CRM-M-21810 of 2023
Date of decision : 02.08.2023
Jatinder Kumar alias Rinku and another
...... Petitioners
versus
State of Punjab and another ...... Respondents
CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN
Present: Mr. Sarika Gupta, Advocate
for the petitioners.
Mr. Kunal Vinayak, AAG, Punjab.
****
PANKAJ JAIN, J. (Oral)
1. By way of present petition, the petitioners are seeking
quashing of FIR No.56 dated 30.06.2022 registered under Sections 447,
427 IPC, at Police Station Kathgarh, District SBS Nagar (Nawanshahr)
the basis of compromise dated 25.04.2023 (Annexure P-3).
2. On 01.05.2023, the following order was passed:-
"Petitioners have filed this petition under Section
482 Cr.PC for quashing of FIR No.56 dated 30.06.2022
under Sections 447/427 of IPC, 1860 registered at Police
Station Kathgarh, District SBS Nagar (Nawanshahr)
(Annexure P-1) and all the subsequent proceedings
arising therefrom on the basis of compromise dated
25.04.2023 (Annexure P-3).
Notice of motion.
Mr. Adhiraj Singh, AAG, Punjab puts in
appearance and accepts notice on behalf of respondent-
State and seeks time to file reply, if any.
Let the parties to appear before the trial
Court/Illaqa Magistrate, as the case may be, on
15.05.2023 for getting their statements recorded with
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regard to the compromise. Trial Court is directed to
report on the following points:-
(i) how many total accused are facing the trial;
(ii) whether any of the accused was declared proclaimed
offender at any stage of trial; (iii) status/stage of the
trial/case;
(iv) to record the statements of all the concerned parties
with regard to the genuineness and validity or otherwise
of the compromise;
(v) to record the statement of Investigating Officer with
regard to points No.(i), (ii) and (iii) as above.
Report be sent through District and Sessions Judge,
before the next date of hearing.
Adjourned to 02.08.2023."
3. Pursuant to the aforesaid order, report from Sub Divisional
Judicial Magistrate, Balachaur, has been received, which is taken on
record. As per the report, the trial Court has recorded as follows:-
"The para-wise report is as under-
(i). As per the statement of IO/SI Rakeshvinder Singh, two accused
namely Jatinder Kumar and Jaswinder Kumar are facing the trial.
(ii). As per the statement of IO/SI Rakeshvinder Singh, none of the
accused was declared proclaimed offender,
(iii). As per the statement of IO/SI Rakeshvinder Singh, challan has not
been presented till date.
(iv). Complainant and both accused persons recorded their statements
with regard to the genuineness and validity of the compromise.
(v). Statement of IO/SI Rakeshvinder Singh has been recorded with
regard to points No.(i), (ii) and (iii).
In view of the above statements suffered by both the parties, this
Court is satisfied that compromise between the parties has been effected
voluntarily without any threat or coercion and is genuine/correct. The
compromise is not the result of any fraud or misrepresentation and is the result
of free will of the parties."
4. Learned State counsel has stated no objection in case the FIR
is quashed based upon the compromise.
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5. I have heard learned counsel for the parties and have
carefully gone through the records of the case.
6. After considering judgment rendered by the Apex Court in
Gian Singh vs. State of Punjab and another, 2012(10) SCC 303, State
of Madhya Pradesh vs. Laxmi Narayan and others (2019) 5 SCC 688,
Kulwinder Singh & others Vs. State of Punjab & another, 2007 (3)
RCR (Criminal) 1052 and Ram Gopal and another vs. State of
Madhya Pradesh, 2021(4) R.C.R. (Criminal) 322 (Criminal Appeal
No.1489 of 2012 decided on 29th of September, 2021), the proposition
of law that emerges from the aforesaid decisions rendered by Apex Court
and this Court is :
(a) Power u/s 482 Cr.P.C. vested with this Court is not
affected by Section 320 of the Code.
(b) However, wider the power greater the caution.
(c) The underlining principle while exercising such power
is that it can be invoked to quash the proceedings
recognizing compromise between the parties in the
matters which are overwhelmingly and predominantly
of civil character like commercial transactions or
arising out of matrimonial relationship or family
disputes.
(d) The said power is not to be exercised in the
prosecutions involving heinous and serious offences of
mental depravity or offences like murder, rape, dacoity
etc. as such offences are not private in nature and have
a serious impact on society.
(e) Section 482 Cr.P.C. casts duty upon the High Court to
advance interest of justice as well. It is in recognition
of this duty casted upon the High Court, that Apex
Court held that the High Court would not refuse to
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quash FIR under Section 307 merely because FIR finds
mention thereof. High Court can assess nature of
injuries sustained, whether such injuries inflicted on
vital/delicate parts of the body/nature of weapons used
etc.
(f) Such exercise at the hands of High Court would be
permissible only after the evidence is collected after
investigation and chargesheet is filed/charges framed
during the trial. Such exercise cannot be carried out
while the matter is still under investigation.
(g) While quashing FIR in non-compoundable offences
even which are of private in nature, High Court is
required to consider antecedents of the accused,
conduct of the accused and whether he was absconding
or whether he has managed the complainant to enter
into a compromise.
7. Thus, keeping in view the aforesaid facts and circumstances,
this Court is of the considered opinion that it is a fit case to exercise
jurisdiction vested u/s 482 Cr.P.C. to quash the FIR as :-
(i) The present matter does not fall within the
exceptions as carved out in Laxmi Narayan's
case (supra).
(ii) The offences are of private nature.
(iii) The parties have compromised.
(iv) As per the report received the compromise is
said to be voluntary in its nature.
(v) Complainant/victim has entered into
compromise on his own volition.
8. Consequently, the petition is allowed. FIR No.56 dated
30.06.2022 registered under Sections 447, 427 IPC, at Police Station
Kathgarh, District SBS Nagar (Nawanshahr) the basis of compromise
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dated 25.04.2023 (Annexure P-3) and all proceedings arising therefrom,
are, hereby, quashed qua the petitioners.
02.08.2023 (PANKAJ JAIN)
JOYTI JUDGE
Whether speaking/reasoned Yes
Whether Reportable : No
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