CRM-M No.33010 of 2013 1 IN THE PUNJAB & HARYANA HIGH COURT AT CHANDIGARH *** CRM-M No.33010-2013(O&M) Date of decision : 30.09.2013 Dalip Singh and others ..Petitioners Versus State of Punjab and another ..Respondents CORAM: HON'BLE MRS.JUSTICE REKHA MITTAL Present: Mr.Balwinder Singh, Advocate for the petitioneRs.REKHA MITTAL, J.(ORAL) CRM-42333-2013 Allowed as prayed for.
Annexures P-2 to P-7 and P-10 to P-14 are taken on record.
CRM-M-33010 of 2013 The present petition under Section 482 of the Code of Criminal Procedure (in short 'the Code') has been filed by Dalip Singh and another accused in FIR No.20 dated 01.03.2012 for offence punishable under Sections 304-B of the Indian Penal Code registered at Police Station GRP Jalandhar seeking quashing of FIR and proceedings emanating therefrom on the basis of compromise dated 27.06.2012 (Annexure P17) and affidavit dated 14.06.2013 (Annexure P18).The present case relates to an occurrence dated 29.02.2012 in Davinder Kumar 2013.10.09 12:12 I attest to the accuracy and integrity of this document CRM-M No.33010 of 2013 2 which Jaskiran, sister of complainant Jeevan Singh died an unnatural death within 7 years of her marriage during her stay in the matrimonial home.
The marriage of Jaskiran was solemnised with Dalip Singh in January, 2011 and Jaskiran committed suicide by coming in front of a train.
As per allegations, immediately after marriage, Dalip Singh husband, Jarnail Singh father in- law and Simar Kaur mother in-law of Jaskiran started ill-treating and pressurising her to bring ` 20 lacs from her parents and only thereafter documents for her immigration to America would be sent.
Counsel for the petitioners would contend that Dalip Singh husband of Jaskiran had been residing in USA before marriage and he came to India only for performance of marriage which was settled after a courtship between the couple for almost 7 yeaRs.It is further submitted that Jarnail Singh father of Dalip Singh has been residing in USA for the last over 20 years and Dalip Singh and his mother Simar Kaur joined petitioner Jarnail Singh in USA about 2 years before solemnisation of marriage of petitioner No.1 with Jaskiran Kaur.
It is further submitted that an enquiry was conducted in the matter and the complainant made a statement that his sister had died in a train accident and he has got no objection if the FIR is cancelled as his relations with other sister Ranjit Kaur wife of Sant Kulwinder Singh will get spoiled because Ranjit Kaur is married to a relative of his brother in-law Dalip Singh.
According to counsel, as the dispute has been amicably settled between the parties, no useful purpose would be served by continuation of criminal proceedings and the same may be quashed in the interest of justice.
I have heard counsel for the parties and gone through the case Davinder Kumar 2013.10.09 12:12 I attest to the accuracy and integrity of this document CRM-M No.33010 of 2013 3 file.
The Hon'ble Supreme Court of India in a recent judgment in Gian Singh versus State of Punjab and another, 2012(4) R.C.R.(Criminal) 543, has laid down certain guidelines for exercise of jurisdiction by the High Court under Section 482 of the Code to quash the proceedings.
It would be useful to quote para 54 of the judgment which reads as follows:- “54.
Where High Court quashes a criminal proceeding having regard to the fact that dispute between the offender and victim has been settled although offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor.
No doubt, crimes are acts which have harmful effect on the public and consist in wrong doing that seriously endangers and threatens well-being of society and it is not safe to leave the crime-doer only because he and the victim have settled the dispute amicably or that the victim has been paid compensation, yet certain crimes have been made compoundable in law, with or without permission of the Court.
In respect of serious offences like murder, rape, dacoity, etc.or other offences of mental depravity under IPC or offences of moral turpitude under special statutes, like Prevention of Corruption Act or the offences committed by public servants while working in that capacity, the settlement between offender and victim can have no legal sanction at all.
However, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership Davinder Kumar or such like transactions or the offences arising out of 2013.10.09 12:12 I attest to the accuracy and integrity of this document CRM-M No.33010 of 2013 4 matrimony, particularly relating to dowry, etc.or the family dispute, where the wrong is basically to victim and the offender and victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable, the High Court may within the framework of its inherent power, quash the criminal proceeding or criminal complaint or F.I.R.if it is satisfied that on the face of such settlement, there is hardly any likelihood of offender being convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated.
The above list is illustrative and not exhaustive.
Each case will depend on its own facts and no hard and fast category can be prescribed.”
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The Hon'ble Court has held that in respect of serious offences like murder, rape, dacoity etc.or other offences of mental depravity under IPC or offence of moral turpitude under special statutes like Prevention of Corruption Act or the offences committed by public servant while working in that capacity, the settlement between the offender and victim can have no legal sanction at all.
The offence under Section 304B is serious in nature.
Jaskiran Kaur, the victim of the crime died an unnatural death just within thirteen months of her marriage even before she could join her husband and in-laws family in America.
It appears that the complainant, brother of the deceased has reconciled with the death of his sister just because of some apprehension that it may spoil marital relations of his sister Ranjit Kaur married to one of relatives of accused Dalip Singh.
Keeping in view the gravity of offence and its heinous nature, I do not think it to be a fit case wherein the petitioners deserve indulgence of this Court in exercise of extra ordinary jurisdiction under Section 482 of the Davinder Kumar 2013.10.09 12:12 I attest to the accuracy and integrity of this document CRM-M No.33010 of 2013 5 Code.
In the result, the petition is dismissed.
(REKHA MITTAL) JUDGE September 30, 2013.
Davinder Kumar Davinder Kumar 2013.10.09 12:12 I attest to the accuracy and integrity of this document