Punjab-Haryana High Court
Suresh Salaria And Anr vs State Of Punjab And Another on 16 April, 2024
Neutral Citation No:=2024:PHHC:051413
2024:PHHC:051413
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
286
CRM-M-48753-2023
Date of Decision :April 16, 2024
SURESH SALARIA AND ANOTHER
.....Petitioners
VERSUS
STATE OF PUNJAB AND ANOTHER
.....Respondents
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Ms.Himani Kapila, Advocate
for the petitioners.
Mr. Akshay Kumar, AAG, Punjab.
Ms. Ramandeep Kaur, Advocate
for respondent No.2.
KULDEEP TIWARI. J.(Oral)
1. Learned counsel for the petitioners submits that that Section
326 of the IPC, has also been added in the instant FIR, at the time of
submitting the final report by the prosecution, therefore, the said section
could not be mentioned in head note, and prayer clause of the instant
petition. She made a request to the Court, to pass an appropriate order, on
her oral request to add the aforesaid Section in the head note, and prayer
clause, and dispose of main petition.
2. On the oral request of learned counsel for the petitioners,
Section 326 IPC, is ordered to be added in the head note as well as in the
prayer clause of the petition.
3. Registry is directed to make necessary corrections in the
head note and prayer clause of the petition by adding Section 326 IPC.
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4. The instant petition, as cast under Section 482 of the Cr.P.C.,
proffers the hereinafter extracted relief, as craved by the petitioners,
inasmuch as, quashing of the FIR No.7, dated 27.02.2016, under Sections
324, 323, 34 of IPC (Section 326 IPC added later on) registered at P.S.
Tibber, District Police Gurdaspur, and all consequent proceedings arising
therefrom, including setting aside of judgment of conviction and order of
sentence dated 14.11.2022 (Annexure P-2), passed by the Judicial
Magistrate Ist Class, Gurdaspur, on the basis of a compromise dated
12.09.2023 (Annexure P-3), as entered into inter se the petitioners and
respondent No.2/complainant.
5. Learned counsel for the petitioners, submits during the
pendency of appeal preferred by the present petitioners before the learned
Sessions Court concerned, the matter has been compromised between the
parties. The remaining sentence of the petitioners has been suspended by
the learned Sessions Court concerned, vide order dated 02.12.2022.
6. Learned counsel has also relied upon a Division Bench
judgment of this Court in Sube Singh and another Vs. State of Haryana
and another, 2013 (4) RCR (Crl.) 102, wherein, on the basis of
compromise, during pendency of an appeal against judgment of
conviction, pending in the Court of Sessions, compounding of offence
was allowed.
7. Upon an affirmative response from the learned counsel for
respondent No.2 qua the compromise (Annexure P-3), this Court, through
an order drawn on dated 16.01.2024, upon the instant petition, besides
issuing notice, directed the parties to appear before the learned trial
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Court/Illaqa Magistrate concerned, for getting their respective statements
recorded qua authenticity of the compromise (Annexure P-3). Moreover,
the learned trial Court/Illaqa Magistrate concerned was also directed to
send a report in the above regard.
8. Consequent to the making of the directions (supra), the
parties appeared before the learned Judicial Magistrate Ist Class,
Gurdaspur, and got their respective statements recorded, thereby
authenticating the compromise (Annexure P-3). Accordingly, in
compliance of the directions (supra) of this Court, a report bearing No.62,
dated 21.02.2024, has been received from the learned Judicial Magistrate
Ist Class, Gurdaspur, wherein, a satisfaction has been recorded by the
Magistrate concerned qua the compromise (supra), being drawn in a
genuine and voluntary and without any pressure or coercion and out of
free will of the parties.
9. I have heard counsel for the parties and gone through the
case file.
10. A Co-ordinate Bench of this Court, in CRM-M-25669-2020
(O&M), titled "Abhishek Singh & others V/s State of Punjab &
others", Pronounced on: 07.04.2022, while granting a similar relief, as
craved in the instant petition, has observed as under:-
"9. The following aspects would be relevant to conclude
this petition:-
a) The accused and the private respondents have amicably
settled the matter between them in terms of the compromise
deed and the statements recorded before the concerned
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Court;
b) A perusal of the documents reveal that the settlement
has not been secured through coercion, threats, social
boycotts, bribes, or other dubious means;
c) The victim has willingly consented to the nullification of
criminal proceedings;
d) There is no objection from the private respondents in
case present FIR and consequent proceedings are
quashed;
e) In the given facts, the occurrence does not affect public
peace or tranquillity, moral turpitude or harm the social
and moral fabric of the society or involve matters
concerning public policy;
f) The rejection of compromise may also lead to ill will.
The pendency of trial affects career and happiness;
g) There is nothing on the record to prima facie consider
the accused as an unscrupulous, incorrigible, or
professional offender;
h) The purpose of criminal jurisprudence is reformatory in
nature and to work to bring peace to family, community,
and society;
i) The exercise of the inherent power for quashing the
conviction, sentence and all previous proceedings is
justified to secure the ends of justice."
11. In the light of the hereinabove recorded aspects and
considering the fact that the offences, for which the petitioners/accused
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have been charged, are not of grave in nature, as also in view of the law
laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR
(Criminal) 543 and Kulwinder Singh, others Vs. State of Punjab
2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR
(supra) is hereby allowed.
12. Resultantly, FIR No.7, dated 27.02.2016, under Sections 324,
323, 34 of IPC (Section 326 IPC added later on) registered at P.S. Tibber,
District Police Gurdaspur, is quashed, qua the petitioners, and judgment
of conviction and order of sentence dated 14.11.2022 (Annexure P-2),
passed by the Judicial Magistrate Ist Class, Gurdaspur, are hereby set
aside, on the basis of the compromise dated 12.09.2023 (Annexure P-3),
subject to the payment of costs of Rs.5,000/-, to be forthwith deposited
with the District Legal Services Authority concerned, by the petitioners.
(KULDEEP TIWARI)
April 16, 2024 JUDGE
dharamvir
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
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