Punjab-Haryana High Court

Avtar Singh And Others vs State Of Punjab And Others on 7 January, 2025

                                Neutral Citation No:=2025:PHHC:000463
CRM-M-57340-2024                               1


        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH
245-2
                                                   CRM-M-57340-2024
                                                   Date of decision: 07.01.2025
AVTAR SINGH AND OTHERS
                                                       ....PETITIONERS
                                         V/s

STATE OF PUNJAB AND OTHERS
                                                       ....RESPONDENTS

CORAM: HON'BLE MR. JUSTICE SUMEET GOEL
Present:     Mr. Vivek Singla, Advocate
             for the petitioners.

             Mr. Yuvraj Singh Tiwana, AAG, Punjab.

             Mr. Vikas Gupta, Advocate
             for respondent Nos.2 and 3.

                                        *****
SUMEET GOEL, J.

The present petition has been filed on 11.11.2024 under Section

482 of Cr.P.C. for quashing of FIR.

As per the judgment rendered by this Court titled as 'Abhishek

Jain Vs. State of U.T. Chandigarh and another (CRM-M-31808-

2024:2024:PHHC:085784), the present petition is not maintainable under

Section 482 of Cr.P.C. for quashing of FIR. However, keeping in view the

entirety of facts and circumstances of the case especially that the present

petition pertains to quashing of FIR on basis of compromise, the present

petition is directed to be considered as a petition under Section 528 of BNSS,

2023.

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

of DDR No.20 dated 11.04.2024 under Section 323, 325, 326, 148, 149 of

IPC registered at Police Station Khalra, District Tarn Taran in FIR

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No.37 dated 05.04.2024 under Sections 323, 325, 506, 452, 148, 149 of IPC,

registered at Police Station, Khalra, District Tarn Taran and all

consequential proceedings arising therefrom on the basis of compromise

dated 17.09.2024 (Annexure P-3), which is stated to have been effected

between the parties.

2. On 19.11.2024, the following order was passed:

"The petitioner(s) arraigned as accused in the FIR captioned below, have come up before this Court under Section 482 Cr.P.C. to quash the FIR and all consequential proceedings based on the compromise amicably arrived at with the victim(s).

Notice served upon the official respondent(s) through State counsel. In case the State wants to file its response, they must do so positively before the next date. Counsel for the petitioners undertakes to inform private respondent(s) and will ensure presence of all victim(s)/ private respondent(s) before trial Court for their statements.

Given above, the petitioner(s) and the private respondent(s), and all other victim(s), if not arraigned as respondents, to appear before the concerned Trial Court/Illaqa Magistrate/Duty Magistrate on 03.12.2024, for getting their statements recorded with regard to the compromise arrived at between them. Before recording their statements, the Ld. Judge should ensure the following aspects and send the report, in the following format, preferably before the next date fixed in this court:

Name of the reporting Court

DDR No. Dated Police Station Sections 20 11.04.2024 Khalra, District 323, 325,326, 148, Tarn Taran 149 IPC

FIR No. Dated Police Station Sections 37 05.04.2024 Khalra, District 323, 325, 506, 452, Tarn Taran 148, 149 IPC

Criminal Case no. before the

trial Court

1. Names of the complainant/ victims(s)/aggrieved persons(s)

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2. Dates on which the statement(s) of the complainant/ victims(s)/ aggrieved persons(s) were recorded

3. Has the identity of the complainant/ Yes/No victims(s)/ aggrieved persons(s) been verified?

4. Whether all the victims/ all the aggrieved persons Yes/No have compromised the matter?

5. Is there pressure, threat, or coercion Yes/No upon the victim(s)/aggrieved person(s)/complainant?

6. Names of the accused person(s)

7. Dates on which the statement(s) of the accused persons(s) recorded

8. Whether all the accused have compromised the Yes/No matter? If no, then the names of the accused who have compromised.

9. Whether proclamation proceedings Yes/No are pending against any accused?

10. Has the police report been filed or Yes/No not?

11. Notice of accusation /Charges have Yes/No been framed or not?

12. Sections of statutes invoked in the matter

13. Whether the court is satisfied with the genuineness Yes/No of the compromise

There would be no need for a certified copy of this order, and any Advocate for the Petitioners/State can download this order and other particulars as may be required, from the official web page of this Court, and attest it to be a true copy. The concerned court can also verify its authenticity and may download and use the downloaded copy for immediate use, if required.

List along with CRM-M-57327-2024 on 17.12.2024."

3. Pursuant to the aforesaid order, report dated 12.12.2024 from

Judicial Magistrate Ist Class, Patti, Tarn Taran has been received, which is

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

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Name of the reporting Court Dr. Harsimrandeep Kaur, JMIC

Patti

DDR No. Dated Police Station Sections 20 11.04.2024 Khalra, District 323, 325,326, 148, Tarn Taran 149 IPC

FIR No. Dated Police Station Sections 37 05.04.2024 Khalra, District 323, 325, 506, 452, Tarn Taran 148, 149 IPC

Criminal Case no. before the Police Report has not been filed.

trial Court

1. Names of the complainant/ Respondents No. 2 Harjit victims(s)/aggrieved persons(s) Kaur W/o Tirath Singh and Injured Respondent No. 3 Tirath Singh S/o Nishan Singh both residents of village Madar Mathra Bhagi, Tehsil Patti District Tarn Taran.

2. Dates on which the statement(s) of the 03.12.2024 complainant/ victims(s)/ aggrieved persons(s) were recorded

3. Has the identity of the complainant/ Yes victims(s)/ aggrieved persons(s) been verified?

4. Whether all the victims/ all the Yes aggrieved persons have compromised the matter?

5. Is there pressure, threat, or coercion No upon the victim(s)/aggrieved person(s)/complainant?

6. Names of the accused person(s) 1. Avtar Singh alias Ladi

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aged 29 years S/o Gurmeet

Singh 2. Kartar Singh alias Sonu aged 31 years S/o Gurmeet Singh 3.

Gurmeet Singh aged 64 years S/o Gurmej Singh all residents of village Madar Mathra Bhagi, Tehsil Patti, District Tarn Taran.

4. Khushpreet Singh aged 15 years S/o Ajmer Singh R/o village Madar Mathara Bhagi Tehsil Patti District Tarn Taran being minor through his real maternal Grand Father Gurmeet Singh S/o Gurmej Singh R/o village Madar Mathara Bhagi Tehsil Patti District Tarn Taran.

7. Dates on which the statement(s) of the 03.12.2024 accused persons(s) recorded

8. Whether all the accused have Yes compromised the matter? If no, then the names of the accused who have compromised.

9. Whether proclamation proceedings No are pending against any accused?

10. Has the police report been filed or No not?

11. Notice of accusation /Charges have No been framed or not?

12. Sections of statutes invoked in the 323, 325, 326, 148,149 matter IPC

13. Whether the court is satisfied with the Yes genuineness of the compromise

4. Learned counsel for respondent Nos.2 and 3 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.

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5. Similarly, learned State counsel has stated no objection in case

the FIR is quashed based upon the compromise (Annexure P-3).

6. I have heard learned Counsel for the parties and have carefully

gone through the records of the case.

7. This Court and the Hon'ble Apex Court has repeatedly dealt

with the issue of exercise of jurisdiction under Section 482 of the Code to

quash proceeding in non-compoundable offences in the cases of Gian Singh

vs. State of Punjab and another, 2012(10) SCC 303, 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 the Hon'ble Apex Court and this Court is :

(a) Power u/s 482 Cr.P.C. vested with this Court is much wider and is unaffected 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

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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 of Cr.P.C. to quash the FIR as :-

(i) Putting a quietus to the proceedings will bring peace and tranquility amongst parties & will accordingly further the cause of substantial justice.