Punjab-Haryana High Court
Lakhwinder Singh And Others vs State Of Punjab And Others on 3 November, 2023
Neutral Citation No:=2023:PHHC:140441
CRM-M-49918-2023 1
CRM-M-49942-2023 2023:PHHC:140441
238 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of Decision : 03.11.2023
CRM-M-49918-2023
Lakhwinder Singh and others ....Petitioners
Versus
State of Punjab and others ....Respondents
CRM-M-49942-2023
Hardeep Singh @ Sonu and another ....Petitioners
Versus
State of Punjab and others ....Respondents
CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN
Present : Mr. Vishnu Dutt, Advocate
for the petitioners in CRM-M-49918-2023 and
for the private respondents in CRM-M-49942-2023.
Mr. Naveen Bawa, Advocate
for the petitioners in CRM-M-49942-2023 and
for the private respondents in CRM-M-49918-2023.
Mr. Kunal Vinayak, AAG, Punjab.
PANKAJ JAIN, J. (ORAL)
These are two petitions filed under Section 482 Cr.P.C. arising
out of version and cross-version. The petitioners herein are praying for
quashing of FIR No.29 dated 02.3.2019 under Sections 326/323/148/149
IPC, 1860 and GD No.27 dated 16.4.2019 under Sections 341/323/506/
148/149 IPC, 1860 registered at Police Station Raja Sansi, District Amritsar
along with all subsequent proceedings arising therefrom.
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2. On 4th of October, 2023 following order was passed :
"1. These two petitions under Section 482 Cr.P.C. are filed for
quashing of FIR No.29 dated 2.3.2019 under Sections
326/323/148/149 IPC, 1860 and GD No. 27 dated 16.4.2019 under
Sections 341/323/506/148/149 IPC, 1860 registered at Police
Station Raja Sansi, District Amritsar and all other subsequent
proceedings arising therefrom a on the basis of compromise dated
4.9.2023.
2. Notice of motion.
3. Learned State Counsel and Mr. Vishnu Dutt, Advocate and
Mr. Naveen Bawa, Advocate appearing on advance notice accept
the same on behalf of State and private respondents respectively.
4. The parties are directed to appear before the Illaqa
Magistrate/trial court for recording their statements with regard to
the compromise on or before 20th October, 2023.
5. The trial court is directed to submit a report on or before the
next date of hearing containing the following information:
1. Number of persons arrayed as accused in the
FIR/complaint;
2. Whether any accused is declared as proclaimed offender;
3. Whether the compromise is genuine, voluntary and
without any coercion or undue influence.
6. List on 3rd November, 2023.
7. A photocopy of this order be placed on the file(s) of
connected case(s)."
3. Pursuant to the aforesaid order, reports from SDJM, Ajnala
dated 25.10.2023 (in both cases) have been received, which is taken on
record. As per the report, the Trial Court has recorded as follows :-
in CRM-M-49918-2023
"1). In the present case there are four persons namely
Lakhwinder Singh son of Ajit Singh, Kuldeep Singh son of
Joginder Singh, Arjan Singh son of Joginder Singh and
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Mandeep Singh @ Manu son of Sawinder Singh arrayed as
accused in the present GD, as per statement of statement of IO
and accused persons.
2) As per statement of accused and IO, accused persons
have not been declared as proclaimed offender.
3) As per the statement of the parties, the compromise is
genuine, voluntary and without any coercion or undue
influence."
in CRM-M-49942-2023
"1). In the present case there are two persons namely
Hrdeep Singh @ Sonu son of Mahinder Singh, Sarabjit Singh
son of Mahinder Singh arrayed as accused in the present FIR,
as per statement of statement of IO and accused persons.
2) As per statement of accused and IO, accused persons
have not been declared as proclaimed offender.
3) As per the statement of the parties, the compromise is
genuine, voluntary and without any coercion or undue
influence."
4. Since, it is a case of version and cross-version, the counsel who
is representing the petitioners in one case, also represents private
respondents in cross-version case. Both counsels admit the fact of parties
having compromised and state that they have no objection in case the FIR
as well as GD and all proceedings subsequent thereto against the petitioners
are quashed.
5. Similarly Ld. State Counsel has stated no objection in case the
FIR and GD are quashed based upon the compromise.
6. I have heard Ld. Counsel for the parties and have carefully
gone through the records of the case.
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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
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
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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.
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 matters do 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 petitions are allowed. FIR No.29 dated
02.3.2019 under Sections 326/323/148/149 IPC, 1860 and GD No. 27 dated
16.4.2019 under Sections 341/323/506/148/149 IPC, 1860 registered at
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Police Station Raja Sansi, District Amritsar and all proceedings arising
therefrom, are, hereby, quashed qua the petitioners.
10. A copy of this order be kept on the file of other connected case.
November 03, 2023 (PANKAJ JAIN)
Dpr JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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