Punjab-Haryana High Court
Ishar Singh And Others vs State Of Punjab And Another on 15 September, 2014
Author: Ritu Bahri
Bench: Ritu Bahri
Criminal Misc. No. M-16603 of 2014 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-16603 of 2014
Date of Decision:-15.09.2014
Ishar Singh and others
...Petitioners
Versus
State of Punjab and another
...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present:- Mr. J.B.S. Gill, Advocate
for the petitioners.
Mr. D.S. Virk, AAG Punjab
for respondent No.1-State.
RITU BAHRI J.(Oral)
The present petition has been filed under Section 482 Cr.P.C. for quashing the FIR No.77 dated 8.11.2009, registered at Police Station Bullowal, District Hoshiarpur for offences under Sections 323 and 324 IPC read with Section 34 IPC (Annexure P-1) including the proceedings of the appeal pending in the Court of Smt. Ranjeet Kaur, Additional Sessions Judge, Fast Track Court, Hoshiarpur, fixed for 16.5.2014, on the basis of compromise (Annexure P-2).
After investigation the challan was presented in the Court of Shri V.K. Narang, Jucidial Magistrate 1st Class, Hoshiarpur, who vide judgment dated 27.9.2012 convicted the petitioners Ishar Singh, Jaswant Singh and Inderjit Kaur for offence under Sections 323/324/34 IPC. VIJAY ASIJA 2014.09.18 10:15 I attest to the accuracy and integrity of this document Criminal Misc. No. M-16603 of 2014 -2- Petitioner Ishar Singh was convicted for a period of one year and petitioners No.2 and 3 were released on probation of good conduct. All the petitioners filed an appeal before the lower Appellate Court and during the pendency of the appeal with the intervention of the respectables of society, compromise has been effected.
In compliance of order dated 14.5.2014, the parties appeared before the trial Court. As per the status report, the complainant Surinder Singh appeared before the trial Court on 14.7.2014 and got recorded his statement that after registration of the FIR, the petitioners were convicted by the Court of Judicial Magistrate 1st Class, Hoshiarpur vide judgment dated 27.9.2012. Jaswant Singh and Inderjit Kaur were released on probation and during pendency of their appeal against the conviction, compromise has now been effected without any fear, coercion and threat and he has no objection if the present FIR and its subsequent proceedings are quashed. To the same effect is the statement made by Ishar Singh and Jaswant Singh. The petitioners were convicted for an offence under Sections 323/324/34 IPC, which as per Section 320 Cr.P.C. are compoundable after a compromise is effected between the parties. After recording the statements of the parties, the compromise is held to be genuine.
Learned counsel for the State informs the Court that the compromise has been effected between the parties.
Broad guidelines have been laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) 1052 for quashing the prosecution when VIJAY ASIJA 2014.09.18 10:15 I attest to the accuracy and integrity of this document Criminal Misc. No. M-16603 of 2014 -3- parties entered into compromise. The Full Bench has observed that this power of quashing is not confined to matrimonial disputes alone. The relevant portion of the judgment reads as under:-
"26. In Mrs. Shakuntala Sawhney v. Mrs. Kaushalya Sawhney and others, (1980)1 SCC 63, Hon'ble Krishna Iyer, J. aptly summoned up the essence of compromise in the following words :-
"The finest hour of justice arrived propitiously when parties, despite falling apart, bury the hatchet and weave a sense of fellowship of reunion."
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) if the Cr.P.C., or any other such curtailment, can whittle down the power under Section 482 of the Cr.P.C.
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 Cr.P.C. is used to enhance such a compromise which, in turn, enhances the social emity and reduces friction, then it truly is finest hour of justice". Disputes which have their genesis in a matrimonial VIJAY ASIJA 2014.09.18 10:15 I attest to the accuracy and integrity of this document Criminal Misc. No. M-16603 of 2014 -4- 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 Cr.P.C. 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 course of a litigation." The ratio of the Full Bench judgment is a special reference which has been made to the offences against human body other than murder and culpable homicide where the victim dies in the course of transaction would fall in the category where compounding may not be permitted. Heinous offences like highway robbery, dacoity or a case involving clear-cut allegations of rape should also fall in the prohibited category. However, the offences against human body other than murder and culpable homicide may be permitted to be compounded when the Court is in the position to record a finding that the settlement between the parties is voluntary and fair. The Court must examine the cases of weaker and vulnerable victims with necessary caution.
The Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429 has examined a case where quashing was sought of an FIR under Section 406 IPC being non-compoundable. The Hon'ble Supreme Court has held that :-
"1. No useful purpose would be served in continuing with the proceedings in the VIJAY ASIJA 2014.09.18 10:15 I attest to the accuracy and integrity of this document Criminal Misc. No. M-16603 of 2014 -5- light of the compromise - There was no possibility of conviction.
2. It is advisable that in the disputes where question involved is of purely personal nature and no public policy is involved -
Court should ordinarily accept the
compromise.
3. Keeping the matter alive with no
possibility of conviction is a luxury which the Courts, grossly overburdened as they are, cannot afford."
Consequently, in view of the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab (supra) and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and others vs. State of Punjab and another (supra), FIR No.77 dated 8.11.2009, registered at Police Station Bullowal, District Hoshiarpur for offences under Sections 323 and 324 IPC read with Section 34 IPC (Annexure P-1) including the proceedings of the appeal pending in the Court of Smt. Ranjeet Kaur, Additional Sessions Judge, Fast Track Court, Hoshiarpur, fixed for 16.5.2014, is quashed with all consequential proceedings arising therefrom qua petitioners.
The petition stands disposed of.
September 15, 2014 ( RITU BAHRI )
Vijay Asija JUDGE
VIJAY ASIJA
2014.09.18 10:15
I attest to the accuracy and
integrity of this document