Punjab-Haryana High Court
Baljeet Singh Kaler And Another vs State Of Punjab And Another on 11 August, 2014
Author: Sabina
Bench: Sabina
Crl. Misc. No. M-16311 of 2014 -1 -
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Crl. Misc. No. M-16311 of 2014
Date of Decision: 11.8.2014.
Baljeet Singh Kaler and another ........Petitioners
Vs.
State of Punjab and another ......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. Vinod Kumar, Advocate for
Mr. G.P.S.Bal, Advocate
for the petitioners.
Mr. K.S.Aulakh, AAG, Punjab.
Respondent No. 2 in person with
Mr. Ravinder Singh, Advocate.
.....
SABINA, J.
Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 78 dated 16.4.2014, under Section 406, 420, 120-B of the Indian Penal Code, 1860 ('IPC' for short), registered at Police Station Phase-I, Sahibzada Ajit Singh Nagar (Annexure P-1) and all the subsequent proceedings arising therefrom on the basis of compromise dated 17.4.2014 (Annexure P-2) effected between the parties.
Learned counsel for the petitioners as well as counsel for respondent No. 2 have submitted that now the parties have amicably settled their dispute.
Respondent No. 2 is present in person and has admitted the factum of compromise between the parties and has GURPREET SINGH 2014.08.12 16:02 I attest to the accuracy and integrity of this document Chandigarh Crl. Misc. No. M-16311 of 2014 -2 - stated that he has no objection if the FIR in question is ordered to be quashed. He has tendered on record his affidavit in this regard.
As per the Full Bench judgment of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, High Court has power under Section 482 Cr.P.C. to allow the compounding of non-compoundable offence and quash the prosecution where the High Court felt that the same was required to prevent the abuse of the process of any Court or to otherwise secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone.
Hon'ble the Apex Court in the case of Gian Singh vs. State of Punjab and another 2012 (4) RCR (Crl.) 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 GURPREET SINGH 2014.08.12 16:02 I attest to the accuracy and integrity of this document Chandigarh Crl. Misc. No. M-16311 of 2014 -3 - 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, 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 personal 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 GURPREET SINGH 2014.08.12 16:02 I attest to the accuracy and integrity of this document Chandigarh Crl. Misc. No. M-16311 of 2014 -4 - 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."
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. 78 dated 16.4.2014, under Section 406, 420, 120-B IPC, registered at Police Station Phase-I, Sahibzada Ajit Singh Nagar (Annexure P-1) and all the consequential proceedings, arising therefrom, are quashed.
(SABINA) JUDGE August 11, 2014 Gurpreet GURPREET SINGH 2014.08.12 16:02 I attest to the accuracy and integrity of this document Chandigarh