Punjab-Haryana High Court
Baljinder Singh And Anr vs State Of Punjab And Another on 2 March, 2021
Author: Harnaresh Singh Gill
Bench: Harnaresh Singh Gill
CRM-M No. 54195 of 2019 (O&M) -1-
In the High Court of Punjab and Haryana at Chandigarh
CRM-M No. 54195 of 2019 (O&M)
Date of Decision: 02.3.2021
Baljinder Singh and another ......Petitioners
Versus
State of Punjab and another ......Respondents
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL
Present: Mr. Gursimran Singh Bhatia, Advocate
for the petitioners.
Mr. Saurav Khurana, DAG, Punjab.
Mr. Sanjeev Banga, Advocate
for respondent No. 2.
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HARNARESH SINGH GILL, J. (ORAL)
CRM-5448-2021 This is an application under Section 482 CPC for preponement of the main case, which is fixed for hearing on 13.5.2021.
Notice of the application.
On the asking of the Court, Mr. Saurav Khurana, DAG, Punjab, accepts notice on behalf of the State.
At this stage, Mr. Sanjeev Banga, Advocate accepts notice on behalf of respondent No. 2.
Learned counsel for the applicants-petitioners prays that the date of hearing in the main case may be preponed from 13.5.2021 and the case may be taken up for final disposal today itself.
Learned State counsel as well as learned counsel for respondent 1 of 5 ::: Downloaded on - 24-08-2021 09:46:29 ::: CRM-M No. 54195 of 2019 (O&M) -2- No. 2 do not have any objection to the prayer made by the learned counsel for the applicants-petitioners.
For the reasons mentioned in the application, the same is allowed.
Main case is preponed from 13.5.2021 and is taken up on board for hearing today itself.
CRM-M-54195-2020 This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 0002 dated 10.2.2017 registered under Sections 419, 420, 120-B IPC, Police Station P.S. NRI, District Amritsar City (Annexure P-1) and all the consequent proceedings arising therefrom, on the basis of affidavit/compromise dated 18.7.2018 (Annexure P-2) arrived at between the parties.
Vide order dated 18.12.2019, 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, Judicial Magistrate Ist Class, Amritsar has submitted a consolidated report vide letter dated 03.3.2020 which 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, voluntary and without any coercion or undue influence.
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 2 of 5 ::: Downloaded on - 24-08-2021 09:46:30 ::: CRM-M No. 54195 of 2019 (O&M) -3- 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 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,
3 of 5 ::: Downloaded on - 24-08-2021 09:46:30 ::: CRM-M No. 54195 of 2019 (O&M) -4- 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."
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 parties have arrived at a compromise and have decided to live in peace, no useful purpose would be served in allowing the criminal proceedings to continue.
Accordingly, this petition is allowed. FIR No. 0002 dated 10.2.2017 registered under Sections 419, 420, 120-B IPC, Police Station P.S. NRI, District Amritsar City (Annexure P-1) and all the consequential proceedings, arising therefrom, are quashed qua the petitioners only on the 4 of 5 ::: Downloaded on - 24-08-2021 09:46:30 ::: CRM-M No. 54195 of 2019 (O&M) -5- basis of affidavit/compromise dated 18.7.2018 (Annexure P-2) subject to their depositing costs of Rs. 10,000/- with the Lawerys' Welfare Fund of this Court.
Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below.
(HARNARESH SINGH GILL)
JUDGE
March 02, 2021
Gurpreet
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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