Punjab-Haryana High Court
Harjinder Kaur & Anr vs State Of Punjab & Anr on 13 December, 2012
Author: Mehinder Singh Sullar
Bench: Mehinder Singh Sullar
CRM No. M-32919 of 2012 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Crl. Misc. No. M-32919 of 2012 (O&M)
Date of decision :-13.12.2012
Harjinder Kaur & Anr.
...Petitioners
Versus
State of Punjab & Anr.
..Respondents
CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR
Present: Mr.Ashish Aggarwal, Advocate for the petitioners.
Ms.Amarjit Kaur Khurana, Addl. AG Punjab for
respondent No.1.
Nemo for respondent No.2.
Mehinder Singh Sullar, J. (Oral)
Tersely, the facts & material, culminating in the commencement, relevant for deciding the instant petition and emanating from the record, are that, initially, in the wake of complaint of complainant Harpreet Kaur, daughter of S.Niranjan Singh respondent No.2 (for brevity "the complainant"), a criminal case was registered against petitioners-accused Harjinder Kaur and others, vide FIR No.6 dated 7.1.2006, for the commission of offences punishable under Sections 406 and 498-A IPC by the police of Police Station Sultanwind, District Amritsar.
2. After the completion of investigation, the police submitted the final police report (challan) and consequently, the trial Court framed CRM No. M-32919 of 2012 (O&M) 2 the charges against the petitioners-accused to face the trial of indicated offences 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 virtue of affidavit-cum-compromise dated 10.8.2012 (Annexure P-3).
4. Having compromised the matter, now the petitioners-accused have preferred the present petition, to quash the impugned FIR, order dated 7.5.2007 (Annexure P2) and all other subsequent proceedings arising therefrom, invoking the provisions of Section 482 Cr.PC, inter- alia, pleading that with the intervention of relatives, respectables and friends, the parties have amicably settled their disputes, vide affidavit/compromise (Annexure P3). They have redressed their grievances and want to live in peace in future. They will file a joint petition for divorce by way of mutual consent u/s 13-B of the Hindu Marriage Act, 1955 (hereinafter to be referred as "the Act"). The complainant does not want to pursue the criminal case against the petitioners. She has no objection if the criminal case registered against them, vide impugned FIR is quashed. On the strength of aforesaid grounds, the petitioners-accused sought to quash the impugned FIR, order (Annexure P2) and all other consequent proceedings arising thereto in the manner depicted here-in-above.
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-3) between them, by this court, by means of order dated CRM No. M-32919 of 2012 (O&M) 3 18.10.2012.
6. In compliance thereof, the trial Court, having recorded the statements of all the concerned parties, concluded that the compromise has been effected between them without any pressure or coercion. The compromise is genuine & valid, vide its report, bearing No.437 dated 13.12.2012.
7. Meaning thereby, it stands proved on record that the parties have amicably settled their disputes, by virtue of affidavit-cum- compromise (Annexure P3) and the pointed report of the trial Court.
8. What cannot possibly be disputed here is that, the law with regard to the settlement of criminal disputes by way of amicable settlement between the parties is no more res integra and is now well- settled.
9. An identical question 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 CRM No. M-32919 of 2012 (O&M) 4 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 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, now the short and significant question, though important, that arises for determination in this petition is, as to whether the present criminal CRM No. M-32919 of 2012 (O&M) 5 prosecution against the petitioners 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.
12. As is evident from the record that, with the intervention of relatives, respectables and friends, the parties have amicably settled their disputes, vide affidavit/compromise (Annexure P3). They have redressed their grievances and want to live in peace in future. They will file a joint petition for divorce by way of mutual consent u/s 13-B of the Act. The complainant does not want to pursue the criminal case against the petitioners. She has no objection if the criminal case registered against them, vide impugned FIR is quashed. The factum and genuineness of the compromise between them is also reiterated by the trial Court in its indicated report. Thus, 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. Therefore, 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 applicable to the facts of the present case and is the complete answer to the problem in hand. Sequelly, the impugned FIR, order (Annexure P2) and all other CRM No. M-32919 of 2012 (O&M) 6 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.6 dated 7.1.2006, order (Annexure P-2) and all other consequent proceedings arising thereto, are hereby quashed. The petitioners-accused are accordingly acquitted of the charges framed against them.
13.12.2012 (Mehinder Singh Sullar) AS Judge