Deep Singh And Another vs State Of Punjab And Another
2023 Latest Caselaw 9164 P&H

                                                     Neutral Citation No:=2023:PHHC:083303




CRM-M-19142-2023                                                              1
                                                                2023:PHHC:083303


250
        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH


                                                 CRM-M-19142-2023
                                                 Date of decision : 03.07.2023

DEEP SINGH AND ANOTHER
                                                                        ....Petitioner

                                        Versus
STATE OF PUNJAB AND ANOTHER
                                                                     ...Respondents

CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN

Present :   Mr. Lalit Goyal, Advocate for the petitioners.

            Mr. Kunal Vinayak, Asstt. Advocate General, Punjab.

            Mr. Rahul Garg, Advocate for respondent No.2.

PANKAJ JAIN, J. (ORAL)

By way of present petition, the petitioners are seeking

quashing of FIR No.33 dated 26.02.2023 registered for the offences

punishable under Sections 324, 341, 323, 34 of the Indian Penal Code and

Section 326 IPC added subsequently at Police Station Anandpur Sahib,

District Rupnagar (Annexure P-1) on the basis of compromise.

2. On 19.04.2023, the following order was passed :

""Present petition has been filed under Section 482 of Cr.P.C. For quashing of the case FIR No.33 dated 26.02.2023 registered under Sections 324, 341, 323, 34 of the Indian Penal Code and Section 326 IPC added subsequently at Police Station Anandpur Sahib, District Rupnagar (Annexure P-1) and all the subsequent proceedings arising therefrom on the basis of

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compromise dated 06.04.2023 (Annexure P-2).

Learned counsel for the petitioner submits that the dispute has been amicably settled between the private parties in terms of the compromise (Annexure P-2).

Notice of motion.

Mr. P.S. Grewal, DAG, Punjab, who is present in the Court accepts notice on behalf of respondent No. 1-State and seeks time to file reply/status report.

Mr. Rahul Garg, Advocate has put in an appearance on behalf of the respondent No. 2 and admitted the factum of compromise.

In view of the above, parties are directed to appear before the Illaqa Magistrate/trial Court to get their statement(s) recorded with regard to compromise/settlement within a period of 30 days from today.

The learned Illaqa Magistrate/trial Court is directed to submit a report on or before the next date of hearing containing the following information:-

6. Number of persons arraigned as accused in FIR;

7. Whether any accused is proclaimed offender;

8. Whether the compromise is genuine, voluntary, and without any coercion or undue influence;

9. Whether the accused persons are involved in any other case or not;

10. The trial Court is also directed to record the statement of the Investigating Officer as to how many victims/complainants are there in the FIR and apprise this Court about the stage of proceedings?

The report of the Illaqa Magistrate/trial Court be awaited for 03.07.2023.

Status report/reply on behalf of State be also filed on the adjourned date. "

3. Pursuant to the aforesaid order, report from SDJM, Sri

Anandpur Sahib dated 06.06.2023 has been received, which is taken on

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record. As per the report, the Trial Court has recorded as follows:

"1. There are two accused namely Deep Singh and Harjot Singh alias Bhola (petitioners before the Hon'ble High Court)."

2. The accused have not been declared as proclaimed persons;

3. From the above statements of the victim/injured and the accused, this court is of the view that compromise is genuine, voluntary and without any coercion or undue influence;

4. The accused are not involved in any other case;

5. As per statement of Investigating Officer, Basant Singh is the only victim/complainant in the present case. The present case is still under investigation and the final report of the investigation has not been presented so far in this case."

4. Ld. Counsel appearing for respondent No.2 admits the fact of

parties having compromised and states that he has no objection in case the

FIR and all proceedings subsequent thereto against the petitioner are

quashed.

5. Similarly Ld. State Counsel has stated no objection in case the

FIR is quashed based upon the compromise.

6. I have heard Ld. Counsel for the parties and have carefully

gone through the records of the case.

7. 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

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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 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

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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.

8. 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.

9. Consequently, the petition is allowed. FIR No.33 dated

26.02.2023 registered for the offences punishable under Sections 324, 341,

323, 34 of the Indian Penal Code and Section 326 IPC added subsequently

at Police Station Anandpur Sahib, District Rupnagar (Annexure P-1) and all

proceedings arising therefrom, are, hereby, quashed qua the petitioners.

July 3, 2023                                              (PANKAJ JAIN)
Dpr                                                           JUDGE
            Whether speaking/reasoned          :      Yes/No
            Whether reportable                 :      Yes/No

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