Punjab-Haryana High Court
Shyam Singh @ Shyam Lal And Ors vs State Of Punjab And Ors on 15 May, 2023
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2023:PHHC:073583
CRM-M No.10769 of 2023 2023:PHHC:073583
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
248
CRM-M No.10769 of 2023
Date of Decision: 15.05.2023
Shyam Singh @ Shyam Lal and others ......Pe oners
Vs.
State of Punjab and others ......Respondents
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. B.R. Rana-I, Advocate
for the pe oners.
Mr. Virat Rana, AAG, Punjab.
Mr. Vipan Kumar Sharma, Advocate,
for respondents No.2 to 7.
***
ANOOP CHITKARA J.
FIR No. Dated Police Sta/on Sec/ons 92 13.09.2020 Singh Bhagwantpur, 323, 324, 452, 506, 148, 149 IPC (Sec ons 325 District Ropar and 201 IPC added later on) (Sec on 431 IPC added as per the trial Court report).
The pe oners, arraigned as accused in the above cap oned FIR, have come up before this Court under Sec on 482 CrPC for quashing of the FIR and all consequen al proceedings based on the compromise with the aggrieved person.
2. During the pendency of the pe on, the accused and the aggrieved person have compromised the ma<er, and its copy is annexed with this pe on as Annexure P-3.
3. A>er that, the pe oners came up before this Court to quash the FIR, and in the quashing pe on, impleading the aggrieved person as respondents.
4. This court had asked the par es to appear before the concerned court and had asked the said court to give its report as per the format. The report reads as follows:
Name of the repor ng Mr. Kunal Lamba, JMIC, Rupnagar Court 1 1 of 7 ::: Downloaded on - 13-06-2023 01:22:41 ::: Neutral Citation No:=2023:PHHC:073583 CRM-M No.10769 of 2023 2023:PHHC:073583 FIR No. Dated Police Sta/on Sec/ons 92 13.09.2020 Singh Bhagwantpur, 323, 324, 452, 506, 148, 149 IPC (Sec ons 325 and 201 IPC added District Ropar later on) Criminal Case no. CHI-53-2022 before trial Court
1. Names of the complainant/ vic ms(s)/ (i) Sandeep Singh son of Jagmal Singh aggrieved persons(s) (ii) Rulda Singh son of Prem Singh
(iii) Harpal Singh son of Rulda Singh
(iv) Sohan Singh son of Rulda Singh
(v) Jagmal Singh son of Harbans Singh
(vi) Sharda wife of Sandeep Singh
2. Dates on which the statement(s) of the (i) Statements of the complainant/ vic ms(s)/ aggrieved complainant/vic ms/ aggrieved persons(s) were recorded persons namely Sandeep Singh, Rulda Singh, Harpal Singh, Sohan Singh and Jagmal Singh were recorded on 15.12.2022.
(ii) Statement of respondent No.7 Sharda was recorded on 27.04.2023
3. Has the iden ty of the complainant/ Yes vic ms(s)/ aggrieved persons(s) been verified?
4. Whether all the vic ms/ all the Yes aggrieved persons have compromised the ma<er?
5. Is there pressure, threat, or coercion No upon the vic m(s)/aggrieved person(s)/complainant?
6. Names of the accused person(s) 1. Shyam Singh son of Shamsher Singh
2. Hussan Pal son of Shamsher Singh
3. Hardeep Singh son of Hussan Pal
7. Dates on which the statement(s) of the 15.12.2022 accused persons(s) recorded
8. Whether all the accused have Yes. All the accused have compromised compromised the ma<er? If no, then the ma<er.
the names of the accused who have compromised.
9. Whether proclama on proceedings No (As per the statement of are pending against any accused? Inves ga ng Officer)
10. Has the police report been filed or Yes.
not?
11. No ce of accusa on /Charges have Yes been framed or not?
12. Sec ons of statutes invoked in the As per the challan presented by the ma<er police, Sec ons of statutes invoked in the ma<er are Sec ons 323, 324, 452, 506, 148, 149 IPC (Sec ons 325, 201 and 431 IPC added later on)
13. Whether the court is sa sfied with the Yes. From the statements suffered by genuineness of the compromise? the par es, it appears to the Court that the compromise is genuine.
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5. Despite the severe opposi on of the State's counsel to this compromise, the following aspects would be relevant to conclude this pe on: -
a) The accused and the private respondent have amicably se<led the ma<er between them in terms of the compromise deed and the statements recorded before the concerned Court;
b) A perusal of the documents reveal that the se<lement has not been secured through coercion, threats, social boyco<s, bribes, or other dubious means;
c) The aggrieved person has willingly consented to the nullifica on of criminal proceedings;
d) There is no objec on from the private respondent in case present FIR and consequent proceedings are quashed;
e) In the given facts, the occurrence does not affect public peace or tranquillity, moral turpitude or harm the social and moral fabric of the society or involve ma<ers concerning public policy;
f) The rejec on of compromise may also lead to ill will. The pendency of trial affects career and happiness;
g) There is nothing on the record to prima facie consider the accused as an unscrupulous, incorrigible, or professional offender;
h) The purpose of criminal jurisprudence is reformatory in nature and to work to bring peace to family, community, and society;
i) The exercise of the inherent power for quashing FIR and all consequen al proceedings is jus fied to secure the ends of jus ce.
6. In the present case, the offences under sec ons 324, 431, 452, 148, 149 and 201 of Indian Penal Code, 1860, (IPC) are not compoundable under Sec on 320 of Code of Criminal Procedure, 1973 (CrPC). However, in the facts and circumstances peculiar to this case, the prosecu on qua the non-compoundable offences can be closed by quashing the FIR and consequent proceedings.
7. In Shiji @ Pappu v. Radhika, (2011) 10 SCC 705, Hon'ble Supreme Court holds, [13]. It is manifest that simply because an offence is not compoundable under Sec on 320 Indian Penal Code is by itself no reason for the High Court to refuse exercise of its power under Sec on 482 Criminal Procedure Code That power can in our opinion be exercised in cases where there is no chance of recording a convic on against the accused and the en re exercise of a trial is des ned to be an exercise in fu lity. There is a subtle dis nc on between compounding of offences by the par es before the trial Court or in appeal on one hand and the exercise of power by the High Court to quash the prosecu on under Sec on 482 Criminal 3 3 of 7 ::: Downloaded on - 13-06-2023 01:22:41 ::: Neutral Citation No:=2023:PHHC:073583 CRM-M No.10769 of 2023 2023:PHHC:073583 Procedure Code on the other. While a Court trying an accused or hearing an appeal against convic on, may not be competent to permit compounding of an offence based on a se<lement arrived at between the par es in cases where the offences are not compoundable under Sec on 320, the High Court may quash the prosecu on even in cases where the offences with which the accused stand charged are non-compoundable. The inherent powers of the High Court under Sec on 482 Criminal Procedure Code are not for that purpose controlled by Sec on 320 Criminal Procedure Code Having said so, we must hasten to add that the plenitude of the power under Sec on 482 Criminal Procedure Code by itself, makes it obligatory for the High Court to exercise the same with utmost care and cau on. The width and the nature of the power itself demands that its exercise is sparing and only in cases where the High Court is, for reasons to be recorded, of the clear view that con nuance of the prosecu on would be nothing but an abuse of the process of law. It is neither necessary nor proper for us to enumerate the situa ons in which the exercise of power under Sec on 482 may be jus fied. All that we need to say is that the exercise of power must be for securing the ends of jus ce and only in cases where refusal to exercise that power may result in the abuse of the process of law. The High court may be jus fied in declining interference if it is called upon to appreciate evidence for it cannot assume the role of an appellate court while dealing with a pe on under Sec on 482 of the Criminal Procedure Code. Subject to the above, the High Court will have to consider the facts and circumstances of each case to determine whether it is a fit case in which the inherent powers may be invoked.
8. In Parbatbhai Aahir v State of Gujarat, (2017) 9 SCC 641, a three Judges Bench of Hon'ble Supreme Court, laid down the broad principles for quashing of FIR, which are reproduced as follows: -
[16]. The broad principles which emerge from the precedents on the subject, may be summarized in the following proposi ons:
16 (i) Sec on 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of jus ce. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court; 16 (ii) The invoca on of the jurisdic on of the High Court to quash a First Informa on Report or a criminal proceeding on the ground that a se<lement has been arrived at between the offender and the vic m is not the same as the invoca on of jurisdic on for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of sec on 320 of the Code of Criminal Procedure, 1973. The power to quash under Sec on 482 is a<racted even if the offence is non- compoundable.
16 (iii) In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdic on under Sec on 482, the High Court must evaluate whether the ends of jus ce would jus fy the exercise of the inherent power; 16 (iv) While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised; (i) to secure the ends of jus ce or (ii) to prevent an abuse of the process of any court;
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16 (v) The decision as to whether a complaint or First Informa on Report should be quashed on the ground that the offender and vic m have se<led the dispute, revolves ul mately on the facts and circumstances of each case and no exhaus ve elabora on of principles can be formulated;
16 (vi) In the exercise of the power under Sec on 482 and while dealing with a plea that the dispute has been se<led, the High Court must have due regard to the nature and gravity of the offence.
Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the vic m or the family of the vic m have se<led the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to con nue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences; 16 (vii) As dis nguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a dis nct foo ng in so far as the exercise of the inherent power to quash is concerned;
16 (viii) Criminal cases involving offences which arise from commercial, financial, mercan le, partnership or similar transac ons with an essen ally civil flavour may in appropriate situa ons fall for quashing where par es have se<led the dispute;
16 (ix) In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a convic on is remote and the con nua on of a criminal proceeding would cause oppression and prejudice; and 16 (x) There is yet an excep on to the principle set out in proposi ons (viii) and (ix) above. Economic offences involving the financial and economic well-being of the state have implica ons which lie beyond the domain of a mere dispute between private disputants. The High Court would be jus fied in declining to quash where the offender is involved in an ac vity akin to a financial or economic fraud or misdemeanour. The consequences of the act complained of upon the financial or economic system will weigh in the balance.
9. In Ramgopal v. The State of Madhya Pradesh, Cr.A 1489 of 2012, decided on 29.09.2021, Hon'ble Supreme Court holds, [11]. True it is that offences which are 'non-compoundable' cannot be compounded by a criminal court in purported exercise of its powers under Sec on 320 Cr.P.C. Any such a<empt by the court would amount to altera on, addi on and modifica on of Sec on 320 Cr.P.C, which is the exclusive domain of Legislature. There is no patent or latent ambiguity in the language of Sec on 320 Cr.P.C., which may jus fy its wider interpreta on and include such offences in the docket of 'compoundable' offences which have been consciously kept out as non-compoundable. Nevertheless, the limited jurisdic on to compound an offence within the framework of Sec on 320 Cr.P.C. is not an embargo against invoking inherent powers by the High Court vested in it under Sec on 482 Cr.P.C. The High Court, keeping in view the peculiar facts and circumstances of a case and for jus fiable reasons can press Sec on 482 Cr.P.C. in aid to prevent abuse of the process of any Court and/or to secure the ends of jus ce.
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[12]. The High Court, therefore, having regard to the nature of the offence and the fact that par es have amicably se<led their dispute and the vic m has willingly consented to the nullifica on of criminal proceedings, can quash such proceedings in exercise of its inherent powers under Sec on 482 Cr.P.C., even if the offences are non- compoundable. The High Court can indubitably evaluate the consequen al effects of the offence beyond the body of an individual and therea>er adopt a pragma c approach, to ensure that the felony, even if goes unpunished, does not nker with or paralyze the very object of the administra on of criminal jus ce system.
[13]. It appears to us those criminal proceedings involving non- heinous offences or where the offences are predominantly of a private nature, can be annulled irrespec ve of the fact that trial has already been concluded or appeal stands dismissed against convic on. Handing out punishment is not the sole form of delivering jus ce. Societal method of applying laws evenly is always subject to lawful excep ons. It goes without saying, that the cases where compromise is struck post convic on, the High Court ought to exercise such discre on with rec tude, keeping in view the circumstances surrounding the incident, the fashion in which the compromise has been arrived at, and with due regard to the nature and seriousness of the offence, besides the conduct of the accused, before and a>er the incidence. The touchstone for exercising the extraordinary power under Sec on 482 Cr.P.C. would be to secure the ends of jus ce. There can be no hard and fast line constric ng the power of the High Court to do substan al jus ce. A restric ve construc on of inherent powers under Sec on 482 Cr.P.C. may lead to rigid or specious jus ce, which in the given facts and circumstances of a case, may rather lead to grave injus ce. On the other hand, in cases where heinous offences have been proved against perpetrators, no such benefit ought to be extended, as cau ously observed by this Court in Narinder Singh &Ors. vs. State of Punjab &Ors. [(2014) 6 SCC 466, ¶ 29], and Laxmi Narayan [(2019) 5 SCC 688, ¶ 15].
[14]. In other words, grave or serious offences or offences which involve moral turpitude or have a harmful effect on the social and moral fabric of the society or involve ma<ers concerning public policy, cannot be construed between two individuals or groups only, for such offences have the poten al to impact the society at large. Effacing abominable offences through quashing process would not only send a wrong signal to the community but may also accord an undue benefit to unscrupulous habitual or professional offenders, who can secure a 'se<lement' through duress, threats, social boyco<s, bribes or other dubious means. It is well said that "let no guilty man escape, if it can be avoided."
10. In Shakuntala Sawhney v Kaushalya Sawhney, (1979) 3 SCR 639, at P 642, Hon'ble Supreme Court observed that the finest hour of Jus ce arises propi ously when par es, who fell apart, bury the hatchet and weave a sense of fellowship or reunion.
11. In the light of the judicial precedents referred to above, given the terms of compromise, placement of par es, and other factors peculiar to the case, the contents of the compromise 6 6 of 7 ::: Downloaded on - 13-06-2023 01:22:41 ::: Neutral Citation No:=2023:PHHC:073583 CRM-M No.10769 of 2023 2023:PHHC:073583 deed and its objec ves point towards its acceptance.
12. In Himachal Pradesh Cricket Associa on v State of Himachal Pradesh, 2018 (4) Crimes 324, Hon'ble Supreme Court holds "[47]. As far as Writ Pe on (Criminal) No. 135 of 2017 is concerned, the appellants came to this Court challenging the order of cognizance only because of the reason that ma<er was already pending as the appellants had filed the Special Leave Pe ons against the order of the High Court rejec ng their pe on for quashing of the FIR/Chargesheet. Having regard to these peculiar facts, writ pe on has also been entertained. In any case, once we hold that FIR needs to be quashed, order of cognizance would automa cally stands vi ated."
13. Considering the en re facts, compromise, and in the light of the above-men oned judicial precedents, I believe that con nuing these proceedings will not suffice any fruiUul purpose whatsoever. In the facts and circumstances peculiar to this case, the Court invokes the inherent jurisdic on under sec on 482 CrPC and quashes the FIR and all subsequent proceedings qua the pe oners only. The bail bonds of the pe oners are accordingly discharged. All pending applica on(s), if any, stand closed.
Pe//on allowed in the terms men/oned above.
(ANOOP CHITKARA)
JUDGE
15.05.2023
Jyo -II
Whether speaking/reasoned: Yes
Whether reportable: No.
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