Punjab-Haryana High Court
Jaspal Singh And Others vs State Of Punjab And Others on 5 November, 2024
Author: Rajesh Bhardwaj
Bench: Rajesh Bhardwaj
Neutral Citation No:=2024:PHHC:144412
CRM-M-25428-2024 -1-
280
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-25428-2023 (O&M)
Date of Decision: 05.11.2024
Jaspal Singh and others
...Petitioners
Versus
State of Punjab and others
...Respondents
CORAM:- HON'BLE MR. JUSTICE RAJESH BHARDWAJ
Present:- Mr. Jaiveer Singh, Advocate
for the petitioners.
Mr. Karunesh Kaushal, A.A.G., Punjab.
Mr. Siddharth Sihag, Advocate
for the private respondents.
RAJESH BHARDWAJ.J (Oral)
1. Instant petition has been filed under Section 482 Cr.P.C is for
quashing of DDR No.27 dated 20.12.2014 (Annexure P-2), registered under
Sections 148, 149, 308, 323, 324, 325 and 326 of the Indian Penal Code,
1860 in case FIR No.64 dated 19.12.2014 (Annexure P-1), registered at
Police Station Dhilwan, District Kapurthala registered under Sections 148,
149, 307, 323, 324 and 326 of the Indian Penal Code, 1860 and all the
consequent proceedings arising therefrom, on the basis of compromise deed
dated 17.04.2023 (Annexure P-3).
2. DDR in question was got registered by complainant-respondent
No.4 and the investigation commenced thereon. However, with the
intervention of respectables, finally the parties arrived at settlement and they
1 of 6
Neutral Citation No:=2024:PHHC:144412
resolved their inter se dispute, which is apparent from Compromise Deed,
annexed as Annexure P-3. On the basis of the compromise, petitioners are
invoking the inherent power of this Court by praying that continuation of
these proceedings would be a futile exercise and an abuse of process of the
Court and thus, the DDR in question and all the subsequent proceedings
arising therefrom may be quashed in the interest of justice.
3. This Court vide order dated 13.08.2024 directed the parties to
appear before the trial Court/Illaqa Magistrate for recording their statements,
as contended before the Court, and the Trial Court/Illaqa Magistrate was
also directed to send its report.
4. In pursuance to the same, learned Additional District and
Sessions Judge, Kapurthala has sent the report dated 24.10.2024 to this
Court. With the report he has also annexed the photocopies of statement of
respondents No.2 to 6, namely, Sukhwinder Singh, Ajit Singh, Shingara
Singh (complainant), Balwinder Singh and Jaswinder Singh; statements of
petitioners, namely, Jaspal Singh, Pargan Singh, Kulwant Singh, Kuldeep
Singh and Jeet Singh, recorded on 03.10.2024 and statement of SI Jagga
Singh, recorded on 18.10.2024. On the basis of the statements, learned
Additional District and Sessions Judge, Kapurthala has concluded in the
report that the compromise effected between the parties is genuine and
correct and is not the result of any fraud or misrepresentation and is the
result of free will of the parties. It has been mentioned therein that the
petitioners were not declared as proclaimed offender in this case. It has been
further mentioned in the report that there were three other accused namely,
Ramanjeet Singh, Bittu and Sukha and they were also declared innocent.
5. Short reply by way of affidavit of Sh. Karnail Singh, P.P.S.
2 of 6
Neutral Citation No:=2024:PHHC:144412
Deputy Superintendent of Police, Sub Division Bholath, Kapurthala has
been filed on behalf of the respondent-State, which is taken on record.
6. I have heard learned counsel for the parties, perused the record
and the report sent by learned Additional District and Sessions Judge,
Kapurthala.
7. A bare perusal of statutory provision of the 482 Cr.P.C. would
show that the High Court may make such orders, as may be necessary to
give effect to any order under this Code or to prevent abuse of the process of
any Court or otherwise to secure the ends of justice. Section 320 Cr.P.C. is
equally relevant for consideration, which prescribes the procedure for
compounding of the offences under the Indian Penal Code.
8. Keeping in view the nature of offences allegedly committed and
the fact that both the parties have amicably settled their dispute, the
continuation of criminal prosecution would be a futile exercise. The Hon'ble
Supreme Court in a number of cases including Narinder Singh and others
Versus State of Punjab and another, 2014 (6) SCC 466; B.S.Joshi and
others vs State of Haryana and another (2003) 4 Supreme Court Cases
675 followed by this Court in Full Bench case of Kulwinder Singh and
others Vs. State of Punjab and another, 2007(3) RCR 1052 have dealt
with the proposition involved in the present case and settled the law.
9. Thereafter, Hon'ble Supreme Court in Gian Singh vs State of
Punjab and another (2012) 10 Supreme Court Cases 303 further dealt with
the issue and the earlier law settled by the Supreme Court for quashing of
the FIR in State of Haryana vs Bhajan Lal, 1992 Supp (1) SCC 335. Para
61 of the judgment reads as under:-
3 of 6
Neutral Citation No:=2024:PHHC:144412
"61. The position that emerges from the above discussion
can be summarised thus: the power of the High Court in quashing
a criminal proceeding or FIR or complaint in exercise of its
inherent jurisdiction is distinct and different from the power given
to a criminal court for compounding the offences under Section
320 of the Code. Inherent power is of wide plenitude with no
statutory limitation but it has to be exercised in accord with the
guideline engrafted in such power viz; (i) to secure the ends of
justice, or (ii) to prevent abuse of the process of any Court. In
what cases power to quash the criminal proceeding or complaint
or F.I.R may be exercised where the offender and victim have
settled their dispute would depend on the facts and circumstances
of each case and no category can be prescribed. However, before
exercise of such power, the High Court must have due regard to
the nature and gravity of the crime. Heinous and serious offences
of mental depravity or offences like murder, rape, dacoity, etc.
cannot be fittingly quashed even though the victim or victim's
family and the offender have settled the dispute. Such offences are
not private in nature and have serious impact on society.
Similarly, any compromise between the victim and offender in
relation to the offences under special statutes like Prevention of
Corruption Act or the offences committed by public servants while
working in that capacity, etc; cannot provide for any basis for
quashing criminal proceedings involving such offences. But the
criminal cases having overwhelmingly and pre-dominatingly civil
flavour stand on a different footing for the purposes of quashing,
particularly the offences arising from commercial, financial,
mercantile, civil, partnership or such like transactions or the
offences arising out of matrimony relating to dowry, etc. or the
family disputes where the wrong is basically private or personal
in nature and the parties have resolved their entire dispute. In this
category of cases, the High Court may quash criminal
proceedings if in its view, because of the compromise between the
offender and the victim, the possibility of conviction is remote and
bleak and continuation of the criminal case would put the accused
to great oppression and prejudice and extreme injustice would be
4 of 6
Neutral Citation No:=2024:PHHC:144412
caused to him by not quashing the criminal case despite full and
complete settlement and compromise with the victim. In other
words, the High Court must consider whether it would be unfair
or contrary to the interest of justice to continue with the criminal
proceeding or continuation of the criminal proceeding would
tantamount to abuse of process of law despite settlement and
compromise between the victim and the wrongdoer and whether
to secure the ends of justice, it is appropriate that criminal case is
put to an end and if the answer to the above question(s) is in the
affirmative, the High Court shall be well within its jurisdiction to
quash the criminal proceeding."
10. Although present case pertains to an offence under Section 326
IPC yet good sense has prevailed upon the parties and they have settled the
dispute and this Court accepts the settlement just to enhance the spirit of
brotherhood, peace and harmony between the parties.
11. Applying the law settled by Hon'ble Supreme Court in plethora
of judgments and this High Court, it is apparent that when the parties have
entered into a compromise, then continuation of the proceedings would be
merely an abuse of process of the Court and by allowing and accepting the
prayer of the petitioners by quashing the DDR would be securing the ends of
justice, which is primarily the object of the legislature enacting under
Section 482 Cr.P.C.
12. As a result, this Court finds that the case in hand squarely falls
within the ambit and parameters settled by judicial precedents and hence,
DDR No.27 dated 20.12.2014 (Annexure P-2), registered under Sections
148, 149, 308, 323, 324, 325 and 326 of the Indian Penal Code, 1860 in case
FIR No.64 dated 19.12.2014 (Annexure P-1), registered at Police Station
Dhilwan, District Kapurthala registered under Sections 148, 149, 307, 323,
5 of 6
Neutral Citation No:=2024:PHHC:144412
324 and 326 of the Indian Penal Code, 1860 and all the consequent
proceedings arising therefrom are hereby quashed qua the petitioners on the
basis of compromise. Needless to say that the parties shall remain bound by
the terms and conditions of the compromise and their statements recorded
before the Court below.
13. Petition stands allowed.
05.11.2024 (RAJESH BHARDWAJ)
ps-I JUDGE
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
6 of 6
