Punjab-Haryana High Court
Harnek Singh And Ors vs State Of Punjab & Ors on 9 May, 2016
Author: Rajan Gupta
Bench: Rajan Gupta
CRM M-4986 OF 2016 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM M-4986 OF 2016 (O&M)
Date of decision : 09.05.2016
Harnek Singh & ors.
....Petitioners
V/s
State of Punjab & ors.
....Respondents
BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Karan Singla, Advocate for the petitioners.
Ms. Rajni Gupta, Addl. A.G. Punjab.
RAJAN GUPTA J.
This is a petition under section 482 Cr.P.C. seeking quashing of FIR No.18 dated 28.3.2011, registered against the petitioners under sections 353, 332, 186, 188, 148, 149 IPC at Police Station Phase-8, S.A.S. Nagar.
Learned counsel for the petitioners submits that no offence, whatsoever, has been committed by the petitioners, who belong to Rural Veterinary Pharmacist and Rural Health Pharmacist Association and sat on a peaceful Dharna to press their demands. But unintentionally situation went out of control and there was breach of law and order in which complainant suffered injuries. He submits that now matter has been compromised between the parties. Thus, FIR in question deserves to be quashed.
Learned State counsel has opposed the plea. She has referred to reply filed by way of affidavit of Varinderjeet Singh, Deputy Superintendent of Police, City-II, District SAS Nagar (Mohali) and has submitted that all the accused created ruccus at 1 of 5 ::: Downloaded on - 14-05-2016 00:02:16 ::: CRM M-4986 OF 2016 2 the PCA Stadium, Mohali. SDM Mohali also gave them warning, but accused started throwing stones upon the police party wherein complainant sustained injuries. She submits that offences are non- compoundable in nature, as such, cannot be quashed on the basis of compromise.
I have heard learned counsel for the parties and given careful thought to the facts of the case.
FIR was registered on the statement of H.C. Jagat Singh (respondent no. 2 herein). He stated that he was posted at PCA stadium on account of duty for cricket match. At about 1.30 p.m. two hundred persons claming to be members of Rural Veterinary Pharmacist and Rural Health Pharmacist Association came there and blocked the road. This led to traffic congestion and other problems. Some of the Union leaders gave speeches instigating the crowd to create disturbance. Complainant Jagat Singh alongwith other police officials tried to stop them but the crowd pelted stones in retaliation. Police personnel including complainant were injured. Thereafter, more police force reached the spot and took the injured policemen to Civil Hospital at Mohali. On complaint of Jagat Singh, FIR under sections 353, 332, 186, 188, 148, 149 IPC was registered and investigation ensued. Reply by way of affidavit of Varinderjeet Singh, Deputy Superintendent of Police, City-II, District SAS Nagar (Mohali) has been filed. According to same, accused were found guilty of offences committed and challan was presented before the court on 17.04.2013. There was no authorization in favour of the complainant Jagat Singh to enter into a compromise on behalf of 2 of 5 ::: Downloaded on - 14-05-2016 00:02:17 ::: CRM M-4986 OF 2016 3 the State. Besides, offences are non-compoundable in nature. Thus, compromise can be of no avail.
Keeping in view facts and circumstances of the case, no case for quashing of FIR is made out. It is inexplicable how Head Constable Jagat Singh entered into a compromise with the entire mob. It was on his complaint that FIR was registered. He alleged that accused had attacked the police and used criminal force to deter them from discharging their duty. Such a crime cannot be quashed on the basis of compromise entered into by a Head Constable. Criminal justice system has a larger objective to achieve. It has to ensure safety and protection of the people. If offences of this nature are allowed to be quashed on the basis of compromise, it would only encourage people to commit such crimes. Complainant was not authorized by any superior officer to enter into a compromise on behalf of the State. He was discharging his duty as a public servant and was ordered to restrain the mob from entering the PCA stadium. He himself was injured in the incident. Number of other police personnel were posted near to the stadium to ensure that cricket match was not disrupted. After investigating agency came to the conclusion that offences alleged in the FIR were made out, H.C. Jagat Singh entered into a compromise with sixty seven accused. On this basis, present petition has been filed. A copy of the compromise-deed has been placed on record. Operative party thereof reads as under:-
"That on the statement of the second party an FIR No. 18, Dated 28.3.11 U/S 353/332, 186, 188, 148, 149 IPC P.S. Phase-8, S.A.S. Nagar, was registered against the above stated accused (First Party).
3 of 5 ::: Downloaded on - 14-05-2016 00:02:17 ::: CRM M-4986 OF 2016 4 That now the first party with the intervention of the respectable have sought unconditional apology from the second party and in view of such apology both the parties have agreed to settle the matter between each other.
That the second party i.e. the complainant has no objection if the charges against the accused first party registered in FIR No. 18 dated 28.3.11 U/S 353/332, 186, 188, 148, 149 IPC, P.S. Phase-8, S.A.S. Nagar are dropped and the FIR is quashed against the accused first party.
That the first party since the matter having been compromised between the parties shall filed a quashing petition praying for the quashing of the FIR No. 18, Dated 28.3.11 U/S 353/332, 186, 188, 148, 149 IPC, P.S. Phase-8, S.A.S. Nagar before the Hon'ble Punjab and Haryana High Court, Chandigarh and the second party i.e. the complainant agrees to furnish his consent statement before the Hon'ble Punjab and Haryana High Court, Chandigarh or any other competent Court empowered by the Hon'ble Punjab and Haryana High Court, Chandigarh for the quashing of the FIR No. 18, Dated 28.3.11 U/S 353/332, 186, 188, 148, 149 IPC, P.S. Phase-8, S.A.S. Nagar is quashed."
A perusal of the aforesaid compromise shows that the parties felt that they had a right to get a FIR quashed in inherent jurisdiction of this court by simply stating that matter had been settled. Terms of the compromise are infact shocking. The mob which was arraigned as an accused for various offences including the offences under sections 353 & 186 IPC have sought quashing on the plea that the Head Constable had no objection if charges against the accused were dropped. The complainant went to the extent of stating that in case a quashing petition is preferred before 4 of 5 ::: Downloaded on - 14-05-2016 00:02:17 ::: CRM M-4986 OF 2016 5 this court he would make a consent statement in terms of the compromise. Though a reply has been filed on behalf of the State stating that the Head Constable was never authorized to enter into a compromise yet it has not initiated any departmental action against the complainant. Thus, possibility that there is some extraneous consideration in this matter cannot be ruled out. Needless to observe that once FIR had been registered under sections 353, 332, 186, 188, 148, 149 IPC, complainant had no competence to enter into any amicable settlement. Offences of this nature are to be prosecuted by State and not by the complainant. However, complainant entered into a compromise with entire mob and his blatant action has been overlooked by superior authorities. If such police officials continue to remain in service neither law and order can be maintained nor any investigation can be taken to its logical end without extraneous factors creeping in. Under the circumstances, petition is hereby dismissed with `50,000/- as costs.
A copy of the order be forwarded to respondent no. 1 through its Home Secretary who shall examine the matter and submit a report within two week's. Registry to ensure that report is put up on the judicial side as soon as it is received. In case there is delay, Registry would apprise the court.
May 09, 2016 (RAJAN GUPTA)
Rajpal/Ajay JUDGE
To be referred to Reporter? (Yes)
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