Kesar Singh And Ors vs State Of Punjab And Others
2023 Latest Caselaw 16657 P&H

                                                        Neutral Citation No:=2023:PHHC:126619




CRM-M-34847 of 2023            1                   2023:PHHC:126619


     IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

                         CRM-M-34847 of 2023
                         DATE OF DECISION :- 25.09.2023


Kesar Singh and others                                    ...Petitioners


                         Versus

State of Punjab and others                                ...Respondents


CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN

Present:-   Mr. Ashit Malik, Advocate for the petitioner.

            Mr. Kunal Vinayak, AAG, Punjab.

            Mr. Surjit Singh Swaich, Advocate
            with Mr. Sahibjeet Singh Sandhu, Advocate
            for respondents No. 2, 3 and 4.
                         ***

PANKAJ JAIN, J. (Oral)

By way of present petition, the petitioners are seeking quashing

of FIR No.84 dated 18.9.2017, registered for the offence punishable under

Sections 323,324,326,506,148,149 of the Indian Penal Code, Police Station

Bassi Pathana, District Fatehgarh Sahib, on the basis of compromise dated

26.7.2023 (Annexure P-2).

2. On 20.7.2023, 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.84 dated 18.09.2017, registered for offences punishable under Sections 323/324/326/506/148/149 of the Indian Penal Code, at Police Station Bassi Pathana, District Fatehgarh Sahib.

Learned counsel for the petitioners contends that the matter

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already stands compromised vide compromise (Annexure P-2). Notice of motion for 25.09.2023.

On the asking of the Court, Mr. Tarun Aggarwal, Sr. DAG, Punjab accepts notice on behalf of respondent No.1-State. Mr. Sahibjeet Singh Sandhu, Advocate appears and accepts notice on behalf of respondents No.2 to 4 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 respondents No.2 to 4 are directed to appear before learned Duty Magistrate/Illaqa Magistrate/trial Court on 21.07.2023. On their doing so, the learned Duty Magistrate/Illaqa Magistrate/trial Court 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 trial 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 Illaqa Magistrate/trial Court shall be at liberty to call the parties on any other date but not later than a week thereafter."

3. Pursuant to the aforesaid order, report from Chief Judicial

Magistrate Fatehgarh Sahib dated 17.8.2023 has been received, which is

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

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"On the basis of above statements, the point wise report is as follows :-

1. There are total ten persons who have been arrayed as accused in the case namely Kesar Singh, Ranjit Singh, Nirmal Singh, Dharampal, Gursewak Singh, Jagtar Singh, Gurmeet Singh, Jasvir Singh, Sukhwinder Kaur and Kuldeep Singh.

2. No accused has been declared as proclaimed offender in this case.

3. From the statements suffered by the parties, it appears that a genuine and valid compromise has been effected between the parties which is without any pressure or undue influence of any manner upon either of the party.

4. From the statements of the parties, it appears that accused persons are not involved in any other case except one private complaint (cross case) against Harwinder Singh, Malkit Singh, Parkash Kaur, Bhagwan Dass, Baljinder Singh and Deepa titled as 'Ranjit Singh Vs. Malkit Singh and others' and in that complaint also the parties have suffered their separate statements with regard to the compromise effected amongst them, in compliance of the order passed by the Hon'ble High Court in that complaint.

5. As per the statement suffered by the Investigating Officer of this case, there is one complainant in this FIR i.e. Harwinder Singh and he along with his wife Amandeep Kaur and one Parkash Kaur i.e. total three persons are injured in this case. Apart from these three persons, there is no other victim in this case.

The next date before the Hon'ble High Court is 25.09.2023. Report is submitted for kind perusal."

4. Mr. Surjit Singh Swaich, Advocate and Mr. Sahibjeet Singh

Sandhu, Advocate appears for respondents No.2, 3 and 4 and 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

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quashed.

5. Learned State counsel has stated no objection in case the FIR is

quashed based upon the compromise.

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 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.

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(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 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.

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9. Consequently, the petition is allowed. FIR No.84 dated

18.9.2017, registered for the offence punishable under Sections

323,324,326,506,148,149 of the Indian Penal Code, Police Station Bassi

Pathana, District Fatehgarh Sahib and all proceedings arising therefrom, are,

hereby, quashed qua the petitioners.

                                                 (PANKAJ JAIN)
                                                     JUDGE

25.09.2023
p.singh




Whether speaking/reasoned                                  Yes/No

Whether Reportable                                         Yes/No

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