Punjab-Haryana High Court
Jagmohan Singh And Others vs State Of Punjab And Another on 3 October, 2012
Author: Mehinder Singh Sullar
Bench: Mehinder Singh Sullar
CRM No.M-11005 of 2012 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-11005 of 2012
Date of Decision:03.10.2012
Jagmohan Singh and others .....Petitioners
Versus
State of Punjab and another .....Respondents
CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR.
Present: Ms.Avinash Mandla, Advocate,
for the petitioners.
Mr.J.S.Sandhu, AAG, Punjab,
for respondent No.1-State.
Nemo for respondent No.2.
****
MEHINDER SINGH SULLAR , J.(oral) Concisely, the facts and material, culminating in the commencement, relevant for disposal of the instant petition and emanating from the record is that, initially in the wake of complaint of complainant-Baldev Raj son of Roshan Lal, respondent No.2 (for brevity "the complainant"), a criminal case was registered against the petitioners- accused Jagmohan Singh and others, by way of FIR No.115 dated 15.06.2010(Annexure P-1), on accusation of having committed the offences punishable under Sections 323, 324 and 34 IPC, by the police of Police Station Dhariwal, District Gurdaspur.
2. After completion of the investigation, the police submitted the challan/final police report in terms of Section 173(2) Cr.P.C. Consequently, the petitioners-accused were accordingly charge-sheeted CRM No.M-11005 of 2012 2 for the commission of the indicated offences by the trial court and the case was slated for evidence of the prosecution.
3. During the pendency of the criminal case, good sense prevailed and the parties have amicably settled their disputes, by way of compromise dated 12.03.2012 (Annexure P-2) and the affidavit (Annexure P-3) of the complainant.
4. Having compromised the matter, now the petitioners- accused have directed the present petition, to quash the impugned FIR (Annexure P-1) and all other subsequent proceedings arising therefrom, invoking the provisions of Section 482 Cr.P.C., inter alia, pleading that with the intervention of friends and relatives of both the parties, the matter has been amicably settled between them. The complainant does not want to further pursue the matter. He has no objection if the present criminal case registered against the petitioners-accused vide impugned FIR(Annexure P-1) is quashed. On the strength of aforesaid grounds, the petitioners-accused sought to quash the impugned FIR(Annexure P-1) and all other subsequent proceedings arising therefrom, in the manner depicted hereinabove.
5. During the course of preliminary hearing, a Coordinate Bench of this Court (Naresh Kumar Sanghi, J.) directed the trial Court, to record the statements of all the concerned parties, with regard to the genuineness and validity or otherwise of the compromise(Annexure P-2) between them, vide order dated 19.04.2012.
6. In compliance thereof, the trial Court, having recorded the statements, concluded that the parties have entered into a compromise CRM No.M-11005 of 2012 3 voluntarily, without any kind of pressure, duress or coercion, vide report bearing No.357 dated 05.05.2012.
7. Meaning thereby, it stands proved on record that the parties have amicably settled their disputes, by means of compromise dated 12.03.2012(Annexure P-2) and affidavit(Annexure P-3) of the complainant. The factum of compromise is also reiterated in the report of the trial Court.
8. It is not a matter of dispute that, the law with regard to the settlement of criminal disputes by virtue of amicable settlement between the parties is no more res integra and is now well-settled.
9. An identical question recently came to be decided by the Hon'ble Apex Court in SLP (Crl.) No.8989 of 2010, titled as Gian Singh Versus State of Punjab and another., decided on September 24, 2012. Having interpreted the relevant provisions and considered a line of the judgments on the indicated points, it was ruled (para 57) 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 CRM No.M-11005 of 2012 4 power, the High 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 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."CRM No.M-11005 of 2012 5
10. Such, thus, being the legal position and the material on record, now the short and significant question, though important, that arises for determination in this petition is, as to whether the present criminal prosecution against the petitioners deserves to be quashed in view of the compromise or not?
11. Having regard to the contentions of the learned counsel for the parties, to my mind, it would be in the interest and justice would be sub-served, if the parties are allowed to compromise the matter. Moreover, learned counsel for the parties are ad idem that, in view of the settlement of disputes between the parties, the present petition deserves to be accepted in this context.
12. As is evident from the record that, in the instant case, the parties have amicably settled their disputes with the intervention of friends and relatives, with their free will and without any kind of pressure, duress or coercion, vide compromise(Annexure P-2) and affidavit(Annexure P-3) of the complainant. They do not want to take any action against each other. Now they want to live peacefully in future. The complainant has no grudge against the accused. He has no objection if the criminal case registered against the petitioners-accused is quashed. The factum and genuineness of the compromise between the parties is also reiterated by the trial Court in its indicated report. Thus, it would be seen that since, the compromise is in the welfare and interest of the parties, so, there is no impediment in translating their wishes into reality and to quash the criminal prosecution to set the matter at rest, to enable them to live in peace and to enjoy the life and liberty in a dignified CRM No.M-11005 of 2012 6 manner. Therefore, to me, the ratio of the law laid down and the bench- mark set out by the Hon'ble Supreme Court in Gian Singh's case(supra), "mutatis mutandis" is applicable to the facts of the present case and is the complete answer to the problem in hand. Sequelly, the impugned FIR (Annexure P-1) and all other subsequent proceedings arising therefrom, deserve to be quashed in the obtaining circumstances of the case.
13. In the light of aforesaid reasons, the instant petition is accepted. Consequently, the impugned FIR No.115 dated 15.06.2010 (Annexure P-1) and all other subsequent proceedings arising therefrom, are hereby quashed. The petitioners-accused are accordingly acquitted of the charges framed against them, in this respect.
October 03, 2012 (MEHINDER SINGH SULLAR) seema JUDGE