Punjab-Haryana High Court
Rajeev Kumar @ Rajiv Kumar And Another vs State Of Haryana And Another on 28 January, 2020
Equivalent citations: AIRONLINE 2020 P AND H 39
Author: Suvir Sehgal
Bench: Suvir Sehgal
CRM-M-32303 of 2019 {1}
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-32303 of 2019
Date of decision:28.01.2020
Rajeev Kumar @ Rajiv Kumar and another ... Petitioners
Vs.
State of Haryana and another ... Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Ms. Sandhya Kaushik, Advocate for
Mr. Narender Pal Bhardwaj, Advocate
for the petitioners.
Mr. Ram Kumar Singla, AAG, Haryana.
Mr. Ajay Aggarwal, Advocate
for respondent No.2.
SUVIR SEHGAL, J. (Oral)
This petition has been filed for quashing of FIR No.40 dated 04.05.2016 (Annexure P-1) under Sections 420, 467, 468 and 471 of Indian Penal Code, 1860 registered at Police Station Dhand, District Karnal and all the consequent proceedings arising therefrom, on the basis of compromise dated 16.07.2018 (Annexure P-2) arrived at between the parties.
Reply filed on behalf of the State, is taken on record. Vide order dated 22.08.2019, the trial Court was directed to record the statements of the parties with regard to the genuineness and validity of the compromise.
In compliance thereof, the Judicial Magistrate Ist Class, Kaithal has submitted a consolidated report, vide letter dated 17.09.2019 which 1 of 4 ::: Downloaded on - 29-01-2020 23:53:21 ::: CRM-M-32303 of 2019 {2} indicates that the parties appeared before the Magistrate and got recorded their respective statements with regard to the validity of the compromise. As per the report, the compromise arrived at between the parties is genuine and without any pressure or coercion from any corner.
The Hon'ble Full Bench of this Court in case Kulwinder Singh vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052 and Hon'ble Division Bench of this Court in case Sube Singh and another vs. State of Haryana and another, 2013(4) RCR (Criminal) 102 observed that compounding of offence can be allowed even after conviction, during proceedings of the appeal against conviction pending in Sessions Court and in case of involving non-compoundable offence.
Hon'ble Apex Court in the case of Gian Singh Versus State of Punjab and another. 2012(4) RCR (Criminal) 543 has held 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 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
2 of 4 ::: Downloaded on - 29-01-2020 23:53:22 ::: CRM-M-32303 of 2019 {3} 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 3 of 4 ::: Downloaded on - 29-01-2020 23:53:22 ::: CRM-M-32303 of 2019 {4} 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."
The same view has been reiterated by Hon'ble the Apex Court in case Narinder Singh and others Vs. State of Punjab and another, 2014(2) RCR (Criminal) 482.
Since the statements were recorded and the learned Magistrate is satisfied with the genuineness of the compromise, no useful purpose will be served in allowing the criminal proceedings to continue. Moreover, the learned counsel for the parties are ad idem that in view of the settlement of dispute between the parties, the present petition deserves to be accepted.
Accordingly, this petition is allowed. FIR No.40 dated 04.05.2016 (Annexure P-1) under Sections 420, 467, 468 and 471 of Indian Penal Code, 1860 registered at Police Station Dhand, District Karnal and all the consequent proceedings arising therefrom, are quashed qua the petitioners.
Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below.
(SUVIR SEHGAL)
JUDGE
January 28, 2020
savita
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
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