Amar Singh And Ors vs State Of Punjab And Another
2023 Latest Caselaw 19262 P&H

CRM-M No.41739 of 2023 (O&M) 1 2023:PHHC:142286

297 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M No.41739 of 2023 (O&M)
Date of decision : 07.11.2023

Amar Singh and ors. ....Petitioners
Versus

StateofPunjaband another 4 Respondents

CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN

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Present: Mr. A.S.Manaise, Advocate
for the petitioners.

Mr. Kunal Vinayak, AAG, Punjab.

Mr. Komalpreet Singh, Advocate
for respondent No.2.

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PANKAJ JAIN, J. (ORAL)

1 By way of present petition, the petitioners are seeking quashing

of FIR No.70 dated 30.06.2023, registered for offences punishable under Sections 326, 323, 341, 34 IPC, at P.S. Rangar Nangal, Police District Batala, District Gurdaspur on the basis of compromise.

2 On 23.08.2023, the following order was passed :

"The present petition has been moved invoking jurisdiction of this Court under Section 482 Cr.P.C by the petitioners seeking quashing of FIR No.70 dated 30.06.2023, registered for offences punishable under Sections 326, 323, 341, 34 IPC, at P.S. Rangar Nangal, Police District Batala, District Gurdaspur along with all subsequent proceedings arising therefrom.

Learned counsel for the petitioners contends that the matter already stands compromised vide compromise dated 16.08.2022 (Annexure P-2).

Notice of motion for 07.11.2023.

POOJA SHARMA 2023.11.09 17:07

I attest to the accuracy and authenticity of this order/judgment.

CRM-M No.41739 of 2023 (O&M) 2 2023:PHHC:142286

On the asking of the Court, Mr. Tarun Aggarwal, Sr. DAG, Punjab accepts notice on behalf of respondent No.1-State. Mr. Bhupinder Singh, Advocate appears and accepts notice on behalf of respondent No.2 and admits the fact of there being a compromise between the parties.

In view of the above, the parties, i.e. the petitioners as well as respondent No.2 are directed to appear before learned Duty Magistrate/Illaqga Magistrate on 14.09.2023. On their doing so, the learned Duty Magistrate/Illaqa Magistrate shall record their statements and furnish its report to this Court by the next date of hearing on the following aspects:-

1. Number of persons arrayed as accused in the FIR.

2. Whether any accused is proclaimed offender?

3. Whether the compromise is genuine, voluntary and without any coercion or undue influence?

4. Whether the accused persons are involved in any other case or not?

5. The Court is also directed to record the statement of the Investigating Officer as to how many victims/complainants are there in the FIR.

A copy of the report be also sent to the Registrar Judicial of this Court.

Needless to say that in case for any reason the statements are not recorded on the aforesaid date, the learned Duty Magistrate/Illaqa Magistrate Court shall be at liberty to call the parties on any other date

but not later than a week thereafter."

Pursuant to the aforesaid order, report dated 03.11.2023 from

Civil Judge (Junior Division)-cum-JMIC has been received, which is taken

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

POOJA SHARMA 2023.11.09 17:07

I attest to the accuracy and authenticity of this order/judgment.

" 7.) As per the FIR, only four persons namely Amar Singh, Avtar Singh, Tajpreet Singh and Karanbir Singh have been arrayed as accused.

2.) As per the statement of Investigating Officer ASI Baljinder Singh, none of the accused persons was declared a proclaimed offender.

3.) From the statements suffered by the parties, it appears to the Court that the compromise is genuine, voluntary and without any coercion or undue influence.

4.) As per the statement of the Investigating officer ASI Baljinder Singh,

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none of the accused is involved in any other criminal case.

5.) The statement of the Investigating Officer was recorded. As per the statement of the Investigating officer ASI Baljinder Singh, only Bhupinder

Singh was the complainant as well as the sole victim in the present case." 4 Learned counsel 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 petitioners are quashed.

5 Similarly, learned State counsel has stated no objection in case the FIR is quashed based upon the compromise dated 16.08.2023 (Annexure P-2).

6 I have heard learned 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 2012 decided on 29" 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.

(oc) 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

POOJA SHARMA 2023.11.09 17:07

I attest to the accuracy and authenticity of this order/judgment.

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overwhelmingly and predominantly of civil character like commercial transactions or arising out of matrimonial relationship or family disputes.

(a) 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.

) 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.

(3) 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 :-

@) 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.

POOJA SHARMA 2023.11.09 17:07

I attest to the accuracy and authenticity of this order/judgment.

CRM-M No.41739 of 2023 (O&M) 5 2023:PHHC:142286

(v) Complainant/victim has entered into compromise on his

own volition.

9 Consequently, the petition is allowed. FIR No.70 dated 30.06.2023, registered for offences punishable under Sections 326, 323, 341, 34 IPC, at P.S. Rangar Nangal, Police District Batala, District

Gurdaspur and all proceedings arising therefrom, are, hereby, quashed qua

the petitioners.

07.11.2023 (PANKAJ JAIN)

Pooja sharma-I JUDGE Whether speaking/reasoned Yes/No

Whether reportable : Yes/No

POOJA SHARMA 2023.11.09 17:07

I attest to the accuracy and authenticity of this order/judgment.