Sukhbir Singh and Another Vs. the State of Punjab and Others - Court Judgment

Crl. Misc. not M-31909 of 2012 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. not M-31909 of 2012 (O&M) Date of decision :

16. 01.2013 Sukhbir Singh and another ...Petitioners Versus The State of Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR Present: Mr. Balbir Singh Jaswal, Advocate for the petitioners. Mr. R.P.S. Sidhu, Assistant Advocate General, Punjab for respondent No.1. Nemo for respondent Nos.2 and 3. **** Mehinder Singh Sullar, J.(Oral) The contour of the facts and material, culminating in the commencement, relevant for disposal of the instant petition and emanating from the record, is that, initially in the wake of complaint of complainant Rajinder Kumar Dheer son of Ram Lal-respondent No.2 (for brevity “the complainant”.), a criminal case was registered against the petitioners-accused Sukhbir Singh son of Avtar Singh (since deceased and his name was deleted, by way of order dated 06.12.2012) and Gurjit Singh son of Mukhtiar Singh, vide FIR No.77 dated 28.04.2010 (Annexure P-1), on accusation of having committed the offences punishable under Sections 382 and 34 IPC, by the police of Police Station Beas, District Amritsar. Crl. Misc. not M-31909 of 2012 (O&M) -2- 2. After completion of the investigation, the police submitted the final police report (challan) in terms of Section 173 Cr.P.C. Consequently, the petitioner- accused was charge-sheeted for the commission of the indicated offences by the trial court and the case was slated for evidence of the prosecution.

3. During the pendency of the criminal case, good sense prevailed and the parties have amicably settled their disputes, by means of compromise dated 14.09.2012 (Annexure P-2).

4. Having compromised the matter, not the petitioner-accused (Gurjit Singh), has preferred the present petition, to quash the impugned FIR (Annexure P-1) and all other subsequent proceedings arising therefrom, invoking the provisions of Section 482 Cr.PC, inter-alia, pleading that due to the intervention of respectable and the elders of the area, the parties have amicably settled their disputes forever. They have entered into compromise. They do not want to take further action against each other. They want to live in peace in future. The complainant has no objection, if the criminal case registered against the petitioner- accused, vide impugned FIR (Annexure P-1) is quashed. On the strength of aforesaid grounds, the petitioner-accused sought to quash the impugned FIR (Annexure P-1) and all other subsequent proceedings arising therefrom, in the manner depicted hereinabove.

5. During the course of preliminary hearing, the trial Court was directed to record the statements of all the concerned parties, with regard to the genuineness and validity or otherwise of the compromise (Annexure P-2) between them, by this Court, by virtue of order dated 10.10.2012.

6. In compliance thereof, the trial Court, having recorded the statements of all the concerned parties, concluded vide report dated 14.11.2012 Crl. Misc. not M-31909 of 2012 (O&M) -3- that the compromise arrived between the parties, with their own and without any pressure or undue influence.

7. Meaning thereby, it stands proved on record that the parties have amicably settled their disputes, by virtue of compromise (Annexure P-2). The factum of compromise is also reiterated in the indicated report of the trial Court.

8. What cannot possibly be disputed here is that, the law with regard to the settlement of such criminal disputes by means of amicable settlement between the parties is no more res integra and is not well-settled.

9. An identical question (recently) came to be decided by the Hon'ble Apex Court in case Gian Singh Versus State of Punjab and another. 2012(4) RCR (Criminal) 543. Having interpreted the relevant provisions and considered a line of the judgments on the indicated points, it was ruled (para 57) 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 the offences under special statutes like Prevention of Corruption Act or the offences committed by Crl. Misc. not M-31909 of 2012 (O&M) -4- 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 personnel 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 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.”

10. Above being the legal position and the material on record, not the short and significant question, though important, that arises for determination in this petition is, as to whether the present criminal prosecution against the petitioner deserves to be quashed in view of the compromise or not?.

11. Having regard to the contentions of the learned counsel, to my mind, it would be in the interest and justice would be sub-served, if the parties are allowed to compromise the matter. Moreover, the learned counsel are ad idem that, in view of the settlement of disputes between the parties, the instant petition deserves to be accepted in this context. Crl. Misc. not M-31909 of 2012 (O&M) -5- 12. As is evident from the record that, due to the intervention of respectable and the elders of the area, the parties have amicably settled their disputes forever. They have entered into compromise. They do not want to take further action against each other. They want to live in peace in future. The factum and genuineness of the compromise between the parties is also reiterated by the trial Court in its indicated report. Therefore, it would be seen that since, the compromise is in the welfare and interest of the parties, so, there is no impediment in translating their wishes into reality and to quash the criminal prosecution to set the matter at rest, to enable them to live in peace and to enjoy the life and liberty in a dignified manner. Hence, to me, the ratio of the law laid down and the bench- mark set out by the Hon'ble Supreme Court in Gian Singh's case(supra), “mutatis mutandis”. is attracted to the facts of the present case and is the complete answer to the problem in hand. Sequelly, the impugned FIR (Annexure P-1) and all other subsequent proceedings arising therefrom, deserve to be quashed in the obtaining circumstances of the case.

13. In the light of the aforesaid reasons, the instant petition is accepted. Consequently, the impugned FIR No.77 dated 28.04.2010 (Annexure P-1) and all other consequent proceedings arising thereto, are hereby quashed. The petitioner- accused (Gurjit Singh) is accordingly acquitted of the charges framed against him. January 16, 2013 (Mehinder Singh Sullar) naresh.k Judge