Punjab-Haryana High Court
Shamsher Singh & Ors vs State Of Punjab on 17 March, 2015
Author: Jaspal Singh
Bench: Jaspal Singh
CRA No. S-1685-SB of 2014 (O&M) -1 -
CRA No. S-1720-SB of 2014 (O&M) &
CRA No. S-1723-SB of 2014 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRA No. S-1685-SB of 2014 (O&M)
DECIDED ON : March 17, 2015
Shamsher Singh and others
...Appellants.
versus
State of Punjab
...Respondent
CRA No. S-1720-SB of 2014 (O&M)
Jasvir Singh
...Appellant
versus
State of Punjab
...Respondent
AND
CRA No. S-1723-SB of 2014 (O&M)
Kulwant Singh
...Appellant
versus
State of Punjab
...Respondent
CORAM : HON'BLE MR. JUSTICE JASPAL SINGH
1. Whether the Reporters of the Local papers may be allowed to
see the judgment? Yes
2. To be referred to the Reporters or? Yes
3. Whether the judgment should be reported in the digest? Yes
Present : Mr. Gaurav Maini, Advocate
for the appellants in CRA No. S-1685-SB of 2014.
Mr. Sherry K. Singla, Advocate
for the appellant(s) in CRA No. S-1720-SB of 2014 and
CRA No. S-1723-SB of 2014
Mr. J.S. Sekhon, AAG, Punjab.
Mr. K.K. Goyal, Advocate
SHAM SUNDER
2015.03.31 14:44
for the complainant.
I attest to the accuracy and
authenticity of this document
high court chandigarh
CRA No. S-1685-SB of 2014 (O&M) -2 -
CRA No. S-1720-SB of 2014 (O&M) &
CRA No. S-1723-SB of 2014 (O&M)
JASPAL SINGH, J. (ORAL)
CRA No. S-1685-SB of 2014 filed by Shamsher Singh and others, CRA No. S-1720-SB of 2014 filed by Jasvir Singh and CRA No. S- 1723-SB of 2014 filed by Kulwant Singh, pertain to common judgment of conviction and order of sentence and therefore, shall be disposed of by this common judgment.
2. Challenge in these appeals is to the judgment of conviction and order of sentence dated March 24, 2014 passed by learned Additional Sessions Judge (Fast Track Court), Bathinda, in case bearing FIR No. 62 dated June 30, 2008, under Sections 307, 326, 323, 334 read with Sections 148 and 149 IPC, Police Station Talwandi Sabo. Vide impugned order of sentence, appellant (s) were sentenced as under:
Appellants Shamsher Singh, Hem Raj, Joginder Singh and Ram Singh are sentenced as under:
Under Section Sentence Fine imposed In default of awarded payment of fine 324 IPC RI for 1 year & `500/- RI for 15 days 326/149 IPC RI for 3 years & `2000/- RI for two months 325/149 IPC RI for 2 years & `1000/- RI for 1 month 323/149 IPC RI for 6 months & `300/- RI for one week 148 IPC RI for 6 months & `200/- RI for 5 days Appellants Jasvir Singh and Deepa Singh are sentenced as under:
Under Section Sentence Fine imposed In default of awarded payment of fine 326/149 IPC RI for 3 years & `2000/- RI for two months 325/149 IPC RI for 2 years & `1000/- RI for 1 month 324/149 IPC RI for 1 year & `500/- RI for 15 days 323/149 IPC RI for 6 months & `300/- RI for one week 148 IPC RI for 6 months & `200/- RI for 5 days SHAM SUNDER 2015.03.31 14:44 I attest to the accuracy and authenticity of this document high court chandigarh CRA No. S-1685-SB of 2014 (O&M) -3 - CRA No. S-1720-SB of 2014 (O&M) & CRA No. S-1723-SB of 2014 (O&M) Appellant Kulwant Singh is sentenced as under:
Under Section Sentence Fine imposed In default of awarded payment of fine 325 IPC RI for 2 years & `1000/- RI for one month 326/149 IPC RI for 3 years & `2000/- RI for two months 324/149 IPC RI for 1 year & `500/- RI for 15 days 323/149 IPC RI for 6 months & `300/- RI for one week 148 IPC RI for 6 months & `200/- RI for 5 days
3. During the pendency of appeal, appellant(s) also filed applications under Section 482 Cr.P.C. with the plea that the parties have entered into a settlement and in that regard, they relied upon compromise deed which stood attached with the said applications as Annexure P-2.
4. Vide order dated February 09, 2015, parties were directed to appear before learned trial Court to record their statements with regard to validity, genuineness or otherwise of compromise deed dated September 10, 2014 (Annexure P-2) and to send the report, to this Court in this regard.
5. Report of learned trial Court has been received in which it has been mentioned that with the intervention of respectables, a compromise has been effected between the parties who are their co-villagers, without any coercion and influence, with their free will. It has also been mentioned in the report that now there is no ill will between the parties.
6. Learned counsel for the parties have stated at the bar that the matter involved is personal in nature, which has been amicably put at rest.
7. At this juncture Mr. J.S. Sekhon, Assistant Advocate General representing the respondent-State of Punjab, on the basis of report of learned trial Court has submitted that although, parties have genuinely patched up the matter and have sunk their differences or ill-will, yet SHAM SUNDER offences under which appellants have been convicted and sentenced i.e. 2015.03.31 14:44 I attest to the accuracy and authenticity of this document high court chandigarh CRA No. S-1685-SB of 2014 (O&M) -4 - CRA No. S-1720-SB of 2014 (O&M) & CRA No. S-1723-SB of 2014 (O&M) Section 148 and 326 IPC are non-compoundable whereas offence falling within purview of Section 325 IPC is compoundable with the permission of Court.
8. After having elaborately heard learned counsel for the parties and perusal of record as well as report submitted by learned trial Court in respect of compromise (Annexure P-2), this Court is satisfied that with the intervention of respectables, a compromise has been arrived at between the parties and after compromise no dispute subsists between the parties.
9. Now, the question which arises for consideration is whether inherent powers under Section 482 Cr.P.C. can be invoked, to decide the judgment of conviction and order of sentence relating to non- compoundable offences, if the parties have entered into a genuine compromise by way of amicable settlement of their dispute and the answer to this question is in affirmative.
10. In Kulwinder Singh and others v. State of Punjab and others, 2007 (3) RCR (Criminal) 1052 ; a Full Bench of this Court while relying upon ratio of law laid down in Abasaheb Yadav Honmane v. State of Maharashtra; 2008 (3) All India Criminal Law Reporter 676; had held that FIR including the judgment of conviction and order of sentence recorded by learned trial Court, and affirmed by appellate Court, can be quashed or set aside, on the basis of compromise if the fact and circumstances, of particular case, so warrant.
11. In Kulwinder Singh's case (supra), while approving the minority view in Dharambir v. State of Haryana; 2005 (3) RCR (Criminal) 426; a Full Bench of this Court observed as under:-
"27. To conclude, it can safely be said that there can never be any hard and fast category which can be prescribed to enable SHAM SUNDER the Court to exercise its power under Section 482 Cr.P.C. The 2015.03.31 14:44 I attest to the accuracy and authenticity of this document high court chandigarh CRA No. S-1685-SB of 2014 (O&M) -5 - CRA No. S-1720-SB of 2014 (O&M) & CRA No. S-1723-SB of 2014 (O&M) only principle that can be laid down is the one which has been incorporated in the Section itself i.e. "to prevent abuse of the process of any Court" or "to secure the ends of justice".
28. In Mrs. Shakuntala Sawheny v. Mrs. Kaushalya Sawheny and others (1980) 1 SCC 63, Hon'ble Krishan Iyer, J. aptly summoned up the essence of compromise in the following words;
"The finest hour of justice arrives propitiously when parties, despite falling apart, bury the hatchet and weave a sense of fellowship of reunion."
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.
29. 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.
30. 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 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 course of a litigation.
SHAM SUNDER2015.03.31 14:44 I attest to the accuracy and authenticity of this document high court chandigarh CRA No. S-1685-SB of 2014 (O&M) -6 - CRA No. S-1720-SB of 2014 (O&M) & CRA No. S-1723-SB of 2014 (O&M)
31. 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 powers of this Court under Section 482. Further, the same cannot be limited to matrimonial case alone and the Court has the wide power to quash the proceedings even if 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.
32. 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 parameters 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 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".
12. Adverting to the facts of the case in hand, parties to the lis have buried their hatchet though at a penultimate stage i.e. at appellate stage. In case compromise is accepted and proceedings are quashed, it would certainly create harmonious relationship in between the parties and would result into removal of bitterness or ill-will existing between the parties since long. The ratio of law emerging from above-referred cases and SHAM SUNDER 2015.03.31 14:44 I attest to the accuracy and authenticity of this document high court chandigarh CRA No. S-1685-SB of 2014 (O&M) -7 - CRA No. S-1720-SB of 2014 (O&M) & CRA No. S-1723-SB of 2014 (O&M) applying the same to the facts and circumstances of instant case, this Court is of the considered view that once a matter has been compromised by the parties, no useful purpose would be served by continuing the proceedings and to decide the matter between the parties on merits. Rather it would be nothing but an abuse of process of law as well as the wastage of time of the Court as well as the parties.
13. As an upshort of afore-said discussions, CRA No. S-1685-SB of 2014, CRA No. S-1720-SB of 2014 & CRA No. S-1723-SB of 2014 are allowed and judgment of conviction and order of sentence rendered by learned trial Court are set aside. Personal bonds and surety bonds furnished by appellant(s) shall stand discharged.
March 17, 2015 (JASPAL SINGH)
sham JUDGE
SHAM SUNDER
2015.03.31 14:44
I attest to the accuracy and
authenticity of this document
high court chandigarh