Punjab-Haryana High Court
Avtar Singh And Others vs State Of Punjab And Another on 23 November, 2012
Author: Daya Chaudhary
Bench: Daya Chaudhary
Criminal Misc. No.M-5623 of 2012 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No.M-5623 of 2012
Date of decision: 23.11.2012
Avtar Singh and others ....Petitioners
Versus
State of Punjab and another ..Respondents
CORAM: HON'BLE MRS. JUSTICE DAYA CHAUDHARY
Present: Mr. Arjun Sheoran, Advocate
for Mr. P.S. Ahluwalia, Advocate
for the petitioners.
Mr. Gaurav Garg Dhuriwala, D.A.G., Punjab
for the respondent-State.
Mr. J.S. Kohli, Advocate
for respondent No.2.
Daya Chaudhary, J.
The present petition has been filed under Section 482 of the Code of Criminal Procedure on behalf of petitioners, namely, Avtar Singh, Prabhdeep Singh, Malkit Singh and Ranjit Singh for quashing of FIR No.21 dated 09.04.2007 under Sections 452, 325, 323 and 34 IPC registered at Police Station Amargarh, District Sangrur and all the subsequent proceedings arising therefrom on the basis of compromise arrived at between the parties.
After investigation of the case, the challan was presented. During pendency of the proceedings, a compromise was effected between the petitioners and the complainant-Bahadur Singh who is also injured. The complainant has given an affidavit stating therein that he does not want to proceed further against the Criminal Misc. No.M-5623 of 2012 2 petitioners and has no objection in quashing of the FIR, in question, registered against the present petitioners.
In view of the compromise effected between the parties, a petition for quashing of FIR and other proceedings arising therefrom was filed before this Court. The said petition came up for hearing, wherein, notice of motion was issued on 27.02.2012. Thereafter, vide Order dated 19.04.2012, directions were issued to the petitioners as well as the complainant to appear before the trial Court for recording of their statements with regard to compromise and the trial Court was also directed to send its report along with statements of the parties with regard to validity or otherwise of the compromise effected between the parties and also intimate whether any case or P.O proceedings are pending against either of the parties or not.
In response to the said directions, a report dated 09.05.2012 from the Judicial Magistrate Ist Class, Malerkotla has been sent to this Court which is on record, wherein, it has been stated that as per the statements of the petitioners as well as the complainant, no other case is pending against them and the compromise entered into between the parties is genuine. The factum of compromise has been affirmed by all the petitioners as well as the complainant-respondent. All of them have stated that the statement is without any pressure or coercion. Moreover, the complainant has also mentioned in his affidavit dated 31.01.2012 which is annexed as Annexure P-4 that he has no objection in quashing of the FIR and other proceedings arising therefrom.
In view of the submissions made by learned counsel for Criminal Misc. No.M-5623 of 2012 3 the parties and also the fact that the dispute between the parties has been settled and now the complainant has no objection in quashing of the FIR, I am of the considered view that continuation of impugned criminal proceedings between the parties would be an exercise in futility. The complainant himself does not want to pursue these proceedings and it shall be merely a formality and sheer wastage of precious time of the Court as complainant would not support the case of prosecution in view of compromise between the parties. It would be in the interest of the parties as well as in the larger interest of the societal peace and harmony and in order to save both the families from avoidable litigation, the compromise arrived at between them is accepted by this Court.
It has been observed by Hon'ble the Apex Court in Mrs. Shakuntala Sawhney v. Mrs. Kaushalya Sawhney (1980)1 SCC 63 that "the finest Hour of Justice arrives propitiously when parties, despite falling apart, bury the hatchet and weave a sense of fellowship of reunion." 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. Relying on the views adopted by the Hon'ble Supreme Court, the Five Judges Bench of this Court also observed in Kulwinder Singh v. State of Punjab 2007(3) R.C.R. (Cri) 1052 that compounding of offence which are not compoundable Criminal Misc. No.M-5623 of 2012 4 under Section 320(9) Cr.P.C., offence non-compoundable but parties entering into compromise, High Court has the power under Section 482 Cr.P.C. to allow the compounding of non-compoundable offences and quash the prosecution where the High Court felt that the same was required to prevent the abuse of the process of Court or to otherwise secure the ends of justice.
While dealing with issue of quashing of FIR on the basis of compromise a Bench consisting of Five Hon'ble Judges of this Court in Kulwinder Singh's case (supra) while approving minority view in Dharambir v. State of Haryana 2005 (3) RCR (Criminal) 426:
2005(2) Apex Criminal 424: 2005 (2) Law Herald 723 (P&H) (FB), opined as under:-
" To conclude, it can safely be said that there can never be any hard and fast category which can be prescribed to enable the Court to exercise its power under Section 482, of the Cr.P.C. The only principle that can be laid down is the one which has been incorporated in the Section itself, i.e, "to prevent abuse of the process of any Court"
or " to secure the ends of justice".
No embargo, be in the shape of section 320 (9) Cr.P.C. or any other such curtailment, can whittle down the power under Section 482 Cr.P.C.
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 Cr.P.C. is used to enhance such a compromise which, in turn, enhances the social amity and reduces Criminal Misc. No.M-5623 of 2012 5 friction, then it truly is "finest hour of justice." Disputes which have their genesis in a matrimonial 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 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 litigation.
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 Cr.P.C., in order to prevent the abuse of the process of law and to secure the ends of justice.
The power under Section 482 Cr.P.C. is to be exercised Ex-Debitia Justitia to prevent an abuse of process of Court. There can neither be an exhaustive list nor the defined parameters to enable a High Court to invoke or exercise its inherent powers. It will always depend upon the facts and circumstances of each case. The power under Section 482 Cr.P.C. has no limits. However, the High Court will exercise it sparingly and with utmost care and caution. The exercise of power has to be with utmost circumspection and restraint. The Court is vital and an extra-ordinary effective instrument to Criminal Misc. No.M-5623 of 2012 6 maintain and control social order. The Courts play role of paramount importance in achieving peace, harmony and ever-lasting congeniality in society. Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of a Court which should make some endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery.
Compromise in modern society is the sine qua non of harmony and orderly behaviour. As observed by Krishna Iyer J., "the finest hour of justice arrives propitiously when parties despite falling apart, bury the hatchet and weave a sense of fellowship of reunion". Inherent power of the Court under Section 482 Cr.P.C. is not limited to matrimonial cases alone. The Court has wide powers to quash the proceedings even in non-compoundable offences in order to prevent the abuse of process of law and to secure ends of justice, notwithstanding bar under Section 320 Cr.P.C. Exercise of power in a given situation will depend upon the facts and circumstances of each case. The duty of the Court is not only to decide a lis between the parties after a protracted litigation but it is a vital and extra-ordinary instrument to maintain and control social order. Resolution of dispute by way of compromise between two warring groups should be encouraged unless such compromise is abhorrent to lawful composition of society or would promote savagery, as held in Kulwinder Singh's case (supra).
For the reasons recorded above and having regard to the Criminal Misc. No.M-5623 of 2012 7 principles laid down by the Five-Judges Bench of this Court in Kulwinder Singh's case (supra), this petition is allowed and impugned criminal proceedings arising out of F.I.R. No.21 dated 09.04.2007 under Sections 452, 325, 323 and 34 IPC registered at Police Station Amargarh, District Sangrur and all the subsequent proceedings arising therefrom are hereby quashed qua the petitioners, namely, Avtar Singh, Prabhdeep Singh, Malkit Singh and Ranjit Singh.
(DAYA CHAUDHARY) 23.11.2012 JUDGE gurpreet