Crl.
Misc.
M No.39150 of 2012 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Date of Decision:September 30, 2013 Crl.
Misc.
M No.39150 of 2012 (O&M) Anoop Michra ..........Petitioner Versus Pawandeep Kaur ..........Respondent Crl.
Misc.
M No.39990 of 2012 (O&M) Amardeep Singh and another ..........Petitioners Versus Pawandeep Kaur ..........Respondent Coram: Hon'ble MRS.Justice Sabina Present: Mr.Mansur Ali,Advocate for the petitioner(s).Respondent in person alongwith Mr.Vijay Lath,Advocate ** Sabina, J.
Vide this judgment, the above mentioned two petitions, would be disposed of as the petitioners have sought quashing of Raj Kumari 2013.10.01 10:30 I attest to the accuracy and integrity of this document Crl.
Misc.
M No.39150 of 2012 (O&M) 2 complaint No.64 dated 18.8.2012 (Annexure P4) under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (`the Act' for short) and all subsequent proceedings arising therefrom.
Learned counsel for the petitioners and learned counsel for respondent have submitted that now parties have amicably settled their dispute.
Petitioner-Amardeep Singh and respondent- Pawandeep Kaur have got a decree of divorce on the basis of mutual consent.
A photocopy of the judgment/decree passed in the divorce proceedings under Section 13-B of the Hindu Marriage Act, 1955 have been placed on record.
Respondent-Pawandeep Kaur is present in person and has admitted the factum of compromise between the parties.
She has stated that she has no objection if the FIR in question is ordered to be quashed.
Learned counsel for the petitioners has further submitted that petitioners shall withdraw the complaints filed by them against the respondent and her family membeRs.As per the Full Bench judgment of this Court in Kulwinder Singh and others versus State of Punjab, 2007 (3) RCR (Criminal) 1052, High Court has power under Section 482 Cr.P.C.to allow the compounding of non-compoundable offence and quash the prosecution where the High Court felt that the same was required to prevent the abuse of the process of any Court or to otherwise secure the ends of justice.
This power of quashing is not confined to Raj Kumari matrimonial disputes alone.
2013.10.01 10:30 I attest to the accuracy and integrity of this document Crl.
Misc.
M No.39150 of 2012 (O&M) 3 Hon'ble the Apex Court in the case of Gian Singh versus State of Punjab and another 2012 (4) RCR (Crl.) 543, has held as under:- “57.
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 Raj Kumari the offences under special statutes like Prevention of 2013.10.01 10:30 I attest to the accuracy and integrity of this document Crl.
Misc.
M No.39150 of 2012 (O&M) 4 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 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, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be 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 wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put Raj Kumari to an end and if the answer to the above question(s) is in 2013.10.01 10:30 I attest to the accuracy and integrity of this document Crl.
Misc.
M No.39150 of 2012 (O&M) 5 affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.”
.
Since the parties have arrived at a compromise and have decided to live in peace, no useful purpose would be served in allowing the criminal proceedings to continue.
Accordingly, both the petitions are allowed.
Complaint No.64 dated 18.8.2012, under Section 12 of the Act (Annexure P4) and all the subsequent proceedings, arising therefrom, are quashed.
Petitioners shall remain bound by the undertaking given by them.
(Sabina) Judge September 30, 2013 arya Raj Kumari 2013.10.01 10:30 I attest to the accuracy and integrity of this document