Punjab-Haryana High Court

Pardeep Kumar vs State Of Punjab And Another on 15 January, 2025

                                    Neutral Citation No:=2025:PHHC:004862
CRM-M-37549-2024                                   1


        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH
296-3
                                                         CRM-M-37549-2024
                                                          Date of decision: 15.01.2025
PARDEEP KUMAR
                                                              ....PETITIONER
                                             V/s

STATE OF PUNJAB AND ANR
                                                              ....RESPONDENTS

CORAM: HON'BLE MR. JUSTICE SUMEET GOEL
Present:        Mr. Vansh Chawla, Advocate
                for the petitioner.

                Ms. Avneet, AAG, Punjab.

                Mr. Naveen Bawa, Advocate
                for respondent No.2.

                                            *****
SUMEET GOEL, J.

The present petition has been filed on 21.07.2024 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 FIR No..194 dated 10.09.2023 under Sections 420, 506, 120-B of IPC,

registered at Police Station Tibba, District Ludhiana and all consequential

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proceedings arising therefrom on the basis of compromise dated 24.05.2024

(Annexure P-2), which is stated to have been effected between the parties.

2 On 04.12.2024, the following order was passed:

"The petitioner arraigned as accused in the FIR captioned below has come up before this Court under Section 528 to quash the FIR and all consequential proceedings based on the compromise amicably arrived at with the victim(s).

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 08.12.2024, 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

FIR No. Dated Police Station Sections 194 10.09.2023 Tibba, District 420, 506, 120-B Ludhiana IPC

Criminal Case no. before trial Court

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

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

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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 on 15.01.2025 along with CRM-M-49910-2024. Photocopy of this order be placed on the files of connected cases.

3. Pursuant to the aforesaid order, report dated 14.01.2025 from

Judicial Magistrate, Ist Class, Ludhiana, has been received, which is taken

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

Name of the reporting Court Court of Ms. Shilpa Singh, Judicial Magistrate 1st Class, Ludhiana

FIR No. Dated Police Station Sections 194 10.09.2023 Tibba, District 420, 506, 120-B Ludhiana IPC

Criminal Case no. before trial Court Challan in the present FIR is yet to be presented by the Investigating Agency.

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

2. Dates on which the statement(s) of the 18.12.2024 complainant/ victims(s)/ aggrieved persons(s) were recorded

3. Has the identity of the complainant/ Yes. The complainant has victims(s)/ aggrieved persons(s) been been identified by his verified? counsel Sh. Rajneesh Kumar, Advocate and By ASI Gurdial Singh in the Court

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) Rohit Malhotra @ Rohit Kumar, Pardeep Kumar, Teena Malhotra and Rishipal Bhura out of whom only Rohit Malhotra @ Rohit Kumar has not put up in appearance. It is pertinent to mention here that accused Rohit Kumar has already appeared in this Court in compliance of the order dated 22.10.2024 passed by Hon'ble Punjab and Haryana High Court in CRM-M-49910-2024, on 11.11.2024 and got recorded his statement qua compromise with the complainant.

7. Dates on which the statement(s) of the Statement of accused Rishi accused persons(s) recorded Pal Bhura @ Kala and Teena Malhotra recorded on 18.12.2024.

Statemented of accused Rohit Kumar recorded on 11.11.2024

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

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9. Whether proclamation proceedings As per the statement of IO are pending against any accused? no proclamation proceedings are pending against 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 420, 506, 120-B of IPC matter

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

4. Learned counsel for respondent No.2 admits the factum of

parties having compromised and states that he has no objection in case the

FIR and all proceedings subsequent thereto against the petitioner are

quashed.

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

FIR is quashed based upon the compromise (Annexure P-2).

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 :

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(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 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.