Present: Mr. Naresh Kaushik Advocate Vs. State of Punjab and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1069329
CourtPunjab and Haryana High Court
Decided OnSep-13-2013
AppellantPresent: Mr. Naresh Kaushik Advocate
RespondentState of Punjab and Others
Excerpt:
crl. misc. not m-9293 of 2013 (o&m) -1 - in the high court of punjab and haryana at chandigarh. crl. misc. not m-9293 of 2013 (o&m) date of decision:13. 9.2013. navpreet singh ........petitioner versus state of punjab and others ......respondents coram: hon'ble mrs.justice sabina present: mr.naresh kaushik, advocate for the petitioner. mr.deep singh, aag, punjab. respondent no.3 in person along with mr.vinot bhardwaj, advocate....sabina, j. petitioner has filed this petition under section 482 of the code of criminal procedure, 1973 for quashing of fir no.139 dated 1.7.2012, under section 452, 354, 324, 323, 506, 427, 34 of the indian penal code ('ipc' for short).registered at police station chherretta, district amritsar and all the subsequent proceedings arising therefrom on the basis of compromise arrived at between the parties. learned counsel for the petitioner as well as counsel for respondent no.3 have submitted that not the parties have amicably settled their dispute. vide order dated 20.3.2013, area magistrate was directed to record the statements of the parties and send its singh gurpreet 2013.09.17 15:53 i attest to the accuracy and integrity of this document chandigarh crl. misc. not m-9293 of 2013 (o&m) -2 - report with regard to genuineness of the compromise effected between the parties. before the area magistrate, respondent no.2- complainant had appeared and had made a statement that he had no objection if the fir in question was ordered to be quashed as the parties had amicably settled their dispute. respondent no.3-injured is present in person along with his counsel and has admitted the factum of compromise between the parties and has stated that he has no objection if the fir in question is ordered to be quashed. he has tendered on record his affidavit in this regard. 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 matrimonial disputes alone. 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 singh gurpreet 2013.09.17 15:53 i attest to the accuracy and integrity of this document chandigarh crl. misc. not m-9293 of 2013 (o&m) -3 - 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 singh gurpreet 2013.09.17 15:53 i attest to the accuracy and integrity of this document chandigarh crl. misc. not m-9293 of 2013 (o&m) -4 - 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 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.” 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. singh gurpreet 2013.09.17 15:53 i attest to the accuracy and integrity of this document chandigarh crl. misc. not m-9293 of 2013 (o&m) -5 - accordingly, this petition is allowed. fir no.139 dated 1.7.2012, under section 452, 354, 324, 323, 506, 427, 34 ipc, registered at police station chherretta, district amritsar and all the consequential proceedings, arising therefrom, are quashed. (sabina) judge september 13, 2013 gurpreet singh gurpreet 2013.09.17 15:53 i attest to the accuracy and integrity of this document chandigarh
Judgment:

Crl.

Misc.

not M-9293 of 2013 (O&M) -1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Crl.

Misc.

not M-9293 of 2013 (O&M) Date of Decision:

13. 9.2013.

Navpreet Singh ........Petitioner versus State of Punjab and others ......Respondents CORAM: HON'BLE MRS.JUSTICE SABINA Present: Mr.Naresh Kaushik, Advocate for the petitioner.

Mr.Deep Singh, AAG, Punjab.

Respondent No.3 in person along with Mr.Vinot Bhardwaj, Advocate....SABINA, J.

Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.139 dated 1.7.2012, under Section 452, 354, 324, 323, 506, 427, 34 of the Indian Penal Code ('IPC' for short).registered at Police Station Chherretta, District Amritsar and all the subsequent proceedings arising therefrom on the basis of compromise arrived at between the parties.

Learned counsel for the petitioner as well as counsel for respondent No.3 have submitted that not the parties have amicably settled their dispute.

Vide order dated 20.3.2013, Area Magistrate was directed to record the statements of the parties and send its Singh Gurpreet 2013.09.17 15:53 I attest to the accuracy and integrity of this document chandigarh Crl.

Misc.

not M-9293 of 2013 (O&M) -2 - report with regard to genuineness of the compromise effected between the parties.

Before the Area Magistrate, respondent No.2- complainant had appeared and had made a statement that he had no objection if the FIR in question was ordered to be quashed as the parties had amicably settled their dispute.

Respondent No.3-injured is present in person along with his counsel and has admitted the factum of compromise between the parties and has stated that he has no objection if the FIR in question is ordered to be quashed.

He has tendered on record his affidavit in this regard.

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 matrimonial disputes alone.

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 Singh Gurpreet 2013.09.17 15:53 I attest to the accuracy and integrity of this document chandigarh Crl.

Misc.

not M-9293 of 2013 (O&M) -3 - 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 Singh Gurpreet 2013.09.17 15:53 I attest to the accuracy and integrity of this document chandigarh Crl.

Misc.

not M-9293 of 2013 (O&M) -4 - 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 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.”

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.

Singh Gurpreet 2013.09.17 15:53 I attest to the accuracy and integrity of this document chandigarh Crl.

Misc.

not M-9293 of 2013 (O&M) -5 - Accordingly, this petition is allowed.

FIR No.139 dated 1.7.2012, under Section 452, 354, 324, 323, 506, 427, 34 IPC, registered at Police Station Chherretta, District Amritsar and all the consequential proceedings, arising therefrom, are quashed.

(SABINA) JUDGE September 13, 2013 Gurpreet Singh Gurpreet 2013.09.17 15:53 I attest to the accuracy and integrity of this document chandigarh