Punjab-Haryana High Court
Buta Singh vs State Of Punjab & Anr on 21 August, 2014
Author: Mehinder Singh Sullar
Bench: Mehinder Singh Sullar
Criminal Misc. No. M-25973 of 2014 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA, CHANDIGARH
Criminal Misc. No. M-25973 of 2014 (O&M)
Date of Decision:-21.8.2014
Buta Singh
....Petitioner
Versus
State of Punjab & Anr.
...Respondents
CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR
Present:- Mr.Amrik Singh Kalra, Advocate for the petitioner.
Mehinder Singh Sullar, J. (Oral)
The matrix of the facts & material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, as claimed by the prosecution, is that the marriage of Harjeet Kaur (since deceased), daughter of Sukhwant Singh s/o Dyal Singh (for brevity "the complainant") was solemnized with petitioner Buta Singh s/o Pargat Singh, around three years prior to the present incident, according to Sikh rites & ceremonies. The complainant claimed that petitioner is a drug addict and truck driver by profession. He used to harass and beat her daughter, when he was short of drugs. Harjeet Kaur used to remain upset and distressed on account of misbehaviour of the petitioner. Even he wanted to sell the household goods to satisfy his lust of drugs. Fed up with the misbehaviour of the petitioner, Harjeet Kaur committed suicide on 28.5.2014 within a period of three years ARVIND SHARMA 2014.08.22 11:52 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc. No. M-25973 of 2014 (O&M) 2 of her marriage.
2. Leveling a variety of allegations and narrating the sequence of events in detail in the FIR, in all, according to the prosecution that petitioner used to treat Harjeet Kaur with cruelty, intended to sell his household goods, in order to fulfill her lust of drug addiction, compelling and driving her to commit suicide. In the background of these allegations and in the wake of statement of the complainant, the instant case was registered against the petitioner-accused, vide FIR No.50 dated 28.5.2014 (Annexure P1), on accusation of having committed an offence punishable u/s 306 IPC by the police Station Harike, District Tarn Taran in the manner depicted here-in-above.
3. Instead of submitting to the jurisdiction of the Court, now the petitioner (main accused) has straightway jumped to file the present petition to quash the impugned FIR and all other subsequent proceedings arising therefrom on the basis of alleged compromise deed dated 14.7.2014 (Annexure P2) and affidavit (Annexure P3) of complainant, invoking the provisions of section 482 Cr.PC.
4. Having heard the learned counsel for the petitioner, having gone through the record with his valuable help and after bestowal of thoughts over the entire matter, to my mind, there is no merit in the instant petition in this context.
5. Ex facie the argument of learned counsel that although the offence punishable u/s 306 IPC is not compoundable, but still, the impugned FIR (Annexure P1) deserves to be quashed on the basis of compromise, in view of order dated 18.7.2013, rendered by a Coordinate Bench of this Court (Sabina, J.) in CRM No. M-15438 of 2013 titled as ARVIND SHARMA 2014.08.22 11:52 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc. No. M-25973 of 2014 (O&M) 3 "Sukhwinder Singh alias Sukhi alias Shonki v. State of Punjab and another"
is not only devoid of merit but misplaced as well, wherein, it was only observed as under :-
"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.37 dated 03.04.2013 under Sections 306 and 511 IPC, registered at Police Station Tibber, Gurdaspur and all the subsequent proceedings arising therefrom are quashed."
6. What cannot possibly be disputed here is that the law with regard to quashing of the FIR on the basis of compromise is now well settled by Hon'ble Apex Court. The crux of ratio of law laid down by Hon'ble Supreme Court in case Gian Singh Versus State of Punjab and another, 2012 (4) RCR (Criminal) 543 is that the FIR can be quashed on the basis of compromise only in order to secure the ends of justice and to prevent abuse of process of any court in exercise of power u/s 482 Cr.PC by the High Court. At the same time, it was ruled that before exercising 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 of any offences like murder, rape, dacoity etc. cannot and should not be 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 the society.
7. Sequelly, the same very view was again reiterated by Hon'ble Apex Court in case Narinder Singh & others v. State of Punjab & Anr. 2014 (2) RCR (Criminal) 482.
8. Such thus being the legal position and the material on record, now the short & significant question, though important, which invites an ARVIND SHARMA 2014.08.22 11:52 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc. No. M-25973 of 2014 (O&M) 4 immediate attention of this Court and arises for determination in the instant petition is, as to whether, the impugned FIR in the present case u/s 306 IPC is liable to be quashed on the basis of compromise or not ?
9. Having regard to the contentions of learned counsel for the petitioner and the pointed ratio of law, to my mind, the answer must obviously be in the negative in this regard.
10. As is evident from the record that very direct and serious allegations of abetting the commission of suicide by Harjeet Kaur (deceased) are assigned to the present petitioner, who is her husband and main accused. To compel and drive an innocent woman to commit suicide in order to fulfill his lust of drugs by the petitioner, is essentially not a personal offence, but it affects and relatable to entire society at large. To me, the power u/s 482 Cr.PC cannot and indeed should not always be exercised to quash the criminal prosecution on the basis of compromise in such heinous offences, having serious impact on the society. The sequence of events as narrated here-in-above, would leave no manner of doubt that the serious allegations of abetment to commit suicide are assigned to the petitioner, which, prima facie, duly attract the provisions of section 306 IPC. Therefore, in that eventuality, the mere fact that the petitioner-accused has entered into the alleged compromise (Annexure P2) with the complainant is not a ground, muchless cogent, to quash the impugned FIR in such heinous offence, having direct impact on the society. Meaning thereby, the above indicated ratio of law "mutatis-mutandis" is applicable to the instant controversy and is the complete answer to the problem in hand. Therefore, it would not be in the interest of justice to quash the impugned FIR (Annexure P1) on the basis of compromise. On the contrary, it will ARVIND SHARMA 2014.08.22 11:52 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc. No. M-25973 of 2014 (O&M) 5 inculcate and perpetuate injustice to the society, which is not legally permissible, in exercise of powers u/s 482 Cr.PC in the obtaining circumstances of the case.
11. In the light of aforesaid reasons, taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side, during the course of trial of main case, as there is no merit, therefore, the instant petition is hereby dismissed as such.
12. Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits of the case, as the same has been so recorded for a limited purpose of deciding the present petition only.
Sd/-
(Mehinder Singh Sullar) Judge 21.8.2014 AS Whether to be referred to reporter ? Yes/No ARVIND SHARMA 2014.08.22 11:52 I attest to the accuracy and integrity of this document Chandigarh