Punjab-Haryana High Court
Varinder Kaur vs State Of Punjab & Anr on 30 September, 2015
Author: Jaswant Singh
Bench: Jaswant Singh
CRM-M No.26839 of 2015 # 1#
IN THE HIGH COURT OF PUNJAB AND HARYANAT AT
CHANDIGARH.
CRM-M No.26839 of 2015
Date of Decision:-30.09.2015
Varinder Kaur.
......Petitioner.
Versus
State of Punjab & Anr.
......Respondents.
CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH
Present:- Mr. Ritesh Pandey, Advocate for the Petitioner.
Mr. Kirat Singh Sidhu, Deputy Advocate General, Punjab.
***
JASWANT SINGH, J.(ORAL)
Prayer is under section 482 Cr.PC for quashing of FIR No.95 dated 26.09.2013 for offences punishable under Sections 406 & 498-A of Indian Penal Code registered with Police Station Ghuman, Tehsil Batala, District Gurdaspur and the subsequent proceedings arising therefrom on the basis of compromise dated 27.03.2015 (Annexure P-2) respectively.
As per allegations in the FIR petitioner-mother-in-law of the respondent no.2-complainant used to harass and maltreat her on account of bringing insufficient dowry which resulted into lodging of the aforesaid FIR.
Upon notice of motion parties were given liberty to approach the learned Illaqa Magistrate by making appropriate application for getting their statements recorded in terms of the compromise and who shall submit VINAY MAHAJAN 2015.10.03 13:33 I attest to the accuracy and authenticity of this document at Chandigarh CRM-M No.26839 of 2015 # 2# its report regarding the genuineness of the compromise.
Report (Mark-A) in the shape of letter dated 22.09.2015 of learned Judicial Magistrate Ist Class, Batala duly forwarded by learned District & Sessions Judge, Gurdaspur vide endorsement dated 25.09.2015 has been received wherein it is stated that the parties appeared before that court and suffered statements recorded separately in terms of the compromise thereby stated that the matter between the parties has been compromised and complainant has no objection if the aforesaid FIR and all consequential proceedings are quashed against the petitioner.
From the report submitted it is evident that the dispute between the petitioners-accused and the complainant has been amicably resolved by entering into compromise wherein the complainant has stated that he has no objection if the present FIR against the petitioner-accused is quashed.
Learned State Counsel is unable to raise any serious objection in view of the statements recorded in terms of the aforesaid compromise whereby the complainant is not willing to support the case of the prosecution.
Learned Counsel for the petitioner submits that the case is at the stage of recording of prosecution evidence.
Hon'ble Supreme Court in (2003)4 SCC 675 B.S. Joshi & Others Vs. State of Haryana & Another has made it explicitly clear in para 15 of its judgment that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 of the Code does not limit or effect the powers under Section 482 of the Code.
A Full Bench of this Court in Kulwinder Singh and others v. VINAY MAHAJAN 2015.10.03 13:33 I attest to the accuracy and authenticity of this document at Chandigarh
CRM-M No.26839 of 2015 # 3# State of Punjab and another, 2007(3) RCR (Criminal) 1052 has also held that this Court, in appropriate cases, while exercising powers under Section 482 Cr.P.C., may quash an FIR disclosing the commission of non- compoundable offences. The relevant extracts read as under:-
"The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C., which can affect the inherent power of this Court under Section 482. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in non-compoundable offences notwithstanding the bar under Section 320 of the Cr.P.C., in order to prevent the abuse of law and to secure the ends of justice."
Hon'ble Apex Court in another case in J.T. 2008(9) S.C. 192 Nikhil Merchant Vs. Central Bureau of Investigation & Another while relying upon its decision in B.S. Joshi's case(supra) has also held that in view of the compromise arrived at between the parties, the technicalities should not be allowed to stand in the way in the quashing of criminal proceedings and the continuance of the same after compromise between the parties would be a futile exercise.
Similar views were expressed by Hon'ble the Apex Court in Madan Mohan Abot v. State of Punjab 2008(4) SCC 582, the relevant extract of which is as under:-
"We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the VINAY MAHAJAN 2015.10.03 13:33 I attest to the accuracy and authenticity of this document at Chandigarh CRM-M No.26839 of 2015 # 4# prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law." Keeping in view the above settled legal position and taking into account the fact that both the parties have desired to live in peace and harmony and carry on with their lives without any ill will or rancour by resolving their differences and entering into the aforesaid compromise, it is evident that it is a fit case where there is no legal impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C., for quashing of the FIR in the interest of justice.
Accordingly, the present petition is allowed and FIR No.95 dated 26.09.2013 for offences punishable under Sections 406 & 498-A of Indian Penal Code registered with Police Station Ghuman, Tehsil Batala, District Gurdaspur and the subsequent proceedings arising therefrom are quashed against the petitioner.
( JASWANT SINGH ) JUDGE September 30, 2015 Vinay VINAY MAHAJAN 2015.10.03 13:33 I attest to the accuracy and authenticity of this document at Chandigarh