CRM-M No.1376 of 2014 1 In the High Court of Punjab and Haryana at Chandigarh CRM-M No.1376 of 2014 Date of decision: 3.3.2014 Gurwinder Singh and others ..Petitioners Versus State of Punjab and another ..Respondents Coram: Hon'ble Mr.Justice Mahavir S.
Chauhan Present: Mr.Balraj Singh, Advocate for the petitioneRs.Mr.APS Gill, AAG,Punjab for respondent No.1-State None for respondent No.2 ****** Mahavir S.Chauhan, J.(Oral) By way of this petition under Section 482 of the Criminal Procedure Code, 1973 (for brevity, the Code).petitioneRs.the accused, in FiRs.Information Report (for short, FIR) No.282 dated 22.11.2013 recorded under Sections 326, 324, 506,148 and 149 of the Indian Penal Code,1860 (for short, the IPC).recorded at Police Station, Jandiala Guru, District Amritsar (Annexure P1).seek quashing of the FIR saying that the matter has been amicably settled between them and the complainant/victim as evidenced by the deed of compromise dated 25.12.2013( Annexure P3).Respondent No.2 has lodged the FIR against the petitioners alleging that on 22.11.2013 at about 3.30 a.m., he and his brother Jagir Singh were returning to their house from fields, he was a little ahead of his brother Jagir Singh and he was following him a Kant Nirmal 2014.03.04 16:55 I am the author of this document high court chandigarh CRM-M No.1376 of 2014 2 little behind him.
Sukhbaj Singh son of Gehel Singh, Gurwinder Singh son of Sukhbaj Singh armed with 'dattar', Manwinder Singh son of Sukhbaj Singh armed with 'kirpan', Harpal Singh son of Dilbagh Singh armed with 'Sota', Surinder Kaur alias Shindo wife of Sukhbaj Singh attacked him and inflicted injuries on his person.
The matter involves a version and counter version and the parties, involved in two cases who are close relatives, have, with the intervention of respectables, decided to bury the hatchet.
The counter version is being quashed in connected petition registered as CRM-M1402 of 2014.
While issuing notice of motion, the trial Court was asked to examine the parties concerned to find out if the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion.
The trial Court has submitted a report dated 26.2.2014 affirming that the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion.
The Complainant and the State counsel have no objection if the FIR and proceedings arising therefrom are quashed.
From the above it is established that the parties to the lis have resolved the inter se dispute amicably and to live in peace and harmony.
Reference may be made to a Five-Judges Bench decision of this Court in Kulwinder Singh v.
State of Punjab, 2007(3) RCR (Crl.) 1052:2007(3) PLR4392007(2) ILR (Punjab) 338:2007(3) AICLR8182007(4) CCR2802007(59) AIC4352007(4) CTC769 Kant Nirmal 2014.03.04 16:55 I am the author of this document high court chandigarh CRM-M No.1376 of 2014 3 2007(4) KLT245 wherein it has been held as under: “27.
The power to do complete justice is the very essence of every judicial justice dispensation system.
It cannot be diluted by distorted perceptions and is not a slave to anything, except to the caution and circumspection, the standards of which the Court sets before it, in exercise of such plenary and unfettered power inherently vested in it while donning the cloak of compassion to achieve the ends of justice.
No embargo, be in the shape of Section 320(9) of the Criminal Procedure Code, or any other such curtailment, can whittle down the power under Section 482 of the Criminal Procedure Code.
28.
The compromise, in a modern society, is the sine qua non of harmony and orderly behaviour.
It is the soul of justice and if the power under Section 482 of the Criminal Procedure Code is used to enhance such a compromise which, in turn, enhances the social amity and reduces friction, then it truly is "finest hour of justice".
Disputes which have their genesis in a matrimonial discord, landlord-tenant matteRs.commercial transactions and other such matters can safely be dealt with by the Court by exercising its powers under Section 482 of the Criminal Procedure Code in the event of a compromise, but this is not to say that the power is limited to such cases.
There can never be any such rigid rule to prescribe the exercise of such power, especially in the absence of any premonitions to forecast and predict eventualities which the cause of justice may throw up during the couRs.of a litigation.
29.
The only inevitable conclusion from the above discussion is that there is no statutory bar under the Criminal Procedure Code which can affect the inherent power of this Court under Section 482.
Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in non-compoundable offences notwithstanding the bar under Section 320 of the Criminal Procedure Code, in order to prevent the abuse of law and to secure the ends of justice.
Kant Nirmal 2014.03.04 16:55 I am the author of this document high court chandigarh CRM-M No.1376 of 2014 4 30.
The power under Section 482 of the Criminal Procedure Code is to be exercised Ex-Debitia Justitia to prevent an abuse of process of Court.
There can neither be an exhaustive list nor the defined para-meters to enable a High Court to invoke or exercise its inherent poweRs.It will always depend upon the facts and circumstances of each case.
The power under Section 482 of the Criminal Procedure Code has no limits.
However, the High Court will exercise it sparingly and with utmost care and caution.
The exercise of power has to be with circumspection and restraint.
The Court is a vital and an extra-ordinary effective instrument to maintain and control social order.
The Courts play role of paramount importance in achieving peace, harmony and ever-lasting congeniality in society.
Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of a Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery.”
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It may also be of benefit to extract from Gian Singh v.
State of Punjab, (SC)2012(4) Recent Apex Judgments (RAJ.549:2012(4) RCR(Crl.) 543:2012(5) CTC5262012 Ker.LJ1412012 (4) KLT1082012(4) Law Herald (SC) 3025:2012(5) Knt.LJ476 2012(4) Cri.CC7742012 (10) SCC3032012 AIR (SC)(Cri) 1796: 2012(CriLJ49342012(4) AICLR5512012(4) Crimes (SC) 155:2012(9) SCALE2572012(2) WLC (SC) Criminal 753, following observations of the Hon’ble Supreme Court of India: “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 Kant Nirmal 2014.03.04 16:55 I am the author of this document high court chandigarh CRM-M No.1376 of 2014 5 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 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 Kant Nirmal 2014.03.04 16:55 I am the author of this document high court chandigarh CRM-M No.1376 of 2014 6 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 to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.”
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It is anybody’s guess that the parties having entered a compromise, possibility of the trial resulting into conviction of the accused is remote and bleak and that being so continuation of criminal proceedings would visit the accused with great oppression, prejudice and extreme injustice.
Rather it would be unfair and contrary to the interest of justice, or say abuse of the process of the Court, if the criminal proceedings are allowed to continue.
Ends of justice would be met only if the criminal proceedings are put to an end because this would allow the parties to translate their desire to live in peace into reality.
The only consideration for the compromise reached between the parties seems to be their desire to bury the hatchet for all times to come.
The compromise is also found to be in the interest of public at large, for, it will add to the peace of the society and will promote peaceful co-existence.
The Courts are bound to play role of paramount importance in achieving peace, harmony and ever-lasting congeniality in society.
Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of the Kant Nirmal 2014.03.04 16:55 I am the author of this document high court chandigarh CRM-M No.1376 of 2014 7 Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery In the consequence, I accept the petition, quash the FIR in question and proceedings arising therefrom and discharge the petitioners/accused.
March 3,2014 (MAHAVIR S.CHAUHAN) nk JUDGE Kant Nirmal 2014.03.04 16:55 I am the author of this document high court chandigarh