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PUNJAB & HARYANA HIGH COURT
Vijender Jain, P.Sathasivam, Rajive Bhalla, Surya Kant and Mahesh Grover JJ.
Kulwinder Singh
Versus
State Of Punjab
Decided On : AUGUST 8, 2007
(B) Criminal Procedure Code, 1973, Section 320-Criminal Procedure Code, 1973, Section 482-Compounding of--Non Compoundable Offences-Inherent Powers-The Section begins, i.e., "Nothing in this Code" only emphasizes the magnitude of inherent jurisdiction of the High Court under it-Then the power cannot have any fetter and it cannot be eclipsed by any contingencies and the same cannot be made diminutive in sense and substance.(Para 20) (C) Criminal Procedure Code, 1973, Section 320-Criminal Procedure Code, 1973, Section 482-Compounding of--Non Compoundable Offences-Inherent Powers-The power under Section 482 of the Cr.P.C. cannot be a hostage to one class or category of cases. That would be a complete mis-construction of the intent of the Legislature, who placed its utmost faith in the inherent power of the High Court to break free the shackle of other provisions of the Code. to give effect to any order under it or to prevent the abuse of the process of any Court or otherwise to secure the ends of justice. (Para 24)
(D) Criminal Procedure Code, 1973, Section 320-Criminal Procedure Code, 1973, Section 482-Compounding of--Non Compoundable Offences-Inherent Powers-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. (Para 27)
(E) Criminal Procedure Code, 1973, Section 320-Criminal Procedure Code, 1973, Section 482-Compounding of--Non Compoundable Offences--Inherent Powers-No embargo, be in the shape of Section 320(9) of the Cr.P.C., or any other such curtailment, can whittle down the power under Section 482 of the Cr.P.C. (Para 29)
(F) Criminal Procedure Code, 1973, Section 320-Criminal Procedure Code, 1973, Section 482-Compounding of--Non Compoundable Offences-Inherent Powers-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 of the Cr.P.C. is used to enhance such a compromise which, in turn, enhances the social amity and reduces friction, then it truly is "finest hour of justice". (Para 30)
(G) Criminal Procedure Code, 1973, Section 320-Criminal Procedure Code, 1973, Section 482-Compounding of--Non Compoundable Offences-Inherent Powers-There is no statutory bar under the Cr.P.C. which can affect the inherent power of High 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 of the Cr.P.C., in order to prevent the abuse of law and to secure the ends of justice. (Para 31)
(H) Criminal Procedure Code, 1973, Section 320-Criminal Procedure Code, 1973, Section 482-Compounding of--Non Compoundable Offences-Inherent Powers-There can neither be an exhaustive list nor the defined para-meters 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 of the Cr.P.C. has no limits. However, the High Court will exercise it sparingly and with utmost care and caution. (Para 32)
Vijender Jain, J.
1. In Dharambir V/s. State of Haryana 2005(3) R.C.R. (Crl.) 426, the majority view propounded the proposition that there is neither any provision of law nor does the Constitution of India confer any power upon the High Court to either quash the prosecution or allow the compounding of the offences which are not declared compoundable by the Legislature and that the only exception which can be carved out pertains to the offences arising out of marital disputes.
2. Pitted against the aforesaid view was the minority view expressed by V.K. Bali,J., who professed that while exercising its power under Section 482 of the Cr.P.C., as also under Articles 226 and 227 of the Constitution of India, the High Court has the power to quash the proceedings in order to secure the ends of justice in all such eventualities in which it may be desirable to do so and not necessarily confined to matrimonial disputes alone.
3. From the turbulence of thoughts and conflict of opinion expressed in the aforesaid case, has emerged the following reference by Surya Kant,J., which is as follows:
The prayer in this petition is for quashing of FIR No. 92 dated 28.6.2005, under Sections 452, 427, 148, 149, registered at Police Station, Ghuman, District Gurdaspur.
4. The aforesaid relief has been sought primarily on the plea that both the parties have resolved their dispute and in terms thereof a compromise deed dated 29.11.2006, Annexure P-2, has been executed. Acting upon the said compromise, the complainant is stated to have sworn an affidavit, Annexure P-3, in support of the prayer made in this petition.
5. The minute reading of the FIR reveals that the lis has originated out of a property dispute. Whether the inherent powers under Section 482 Cr.P.C. are wide enough and can be invoked to strike down the criminal proceedings arising out of a civil dispute which has been amicably resolved by the parties, and/ or exercise of such power is confined qua matrimonial disputes only, more so when there appears to be no reasonable classification between two sets of case, is a question of paramount public importance and requires consideration by a larger Bench.
6. In general parlance, "compounding" is known as "compromise". The expression is used to condone any felony in exchange for reparation received by the victim-complainant from the felon.
7. "Compounding" of an offence in terms of its power under Section 320(6) Cr.P.C. by the High Court as an Appellate or Revisional Court has, thus, no similarity or relevance with its inherent and plenary jurisdiction under Section 482 Cr.P.C. which cannot be limited or affected by any other provision contained in the Code. Suffice to say that the inherent jurisdiction includes the High Courts power to whittle down and also quash ongoing criminal prosecution provided that a case "to prevent abuse of the process of law" or "to advance the ends of justice" etc. is made out in unequivocal terms.
8. The scope of these two sets of powers enjoyed upon by the High Court may shrink or expand depending upon pre/post conviction eventualities, especially if in pre-conviction case(s), the High Court, as a matter of fact, is satisfied that continuation of criminal proceedings would be an exercise in futility; their fate-accompli is known; and further pendency thereof would be an undesirable burden on the trial Courts, who are already struggling hard to manage their unmanageable dockets.
9. In addition, the question as to whether Section 320(9) Cr.P.C. which prohibits "compounding" of the offences not falling within the ambit of Sub-sections (1) and (2) of Section 320 of the Code, can barge into the constitutional powers conferred upon a High Court under Articles 226 and 227 of the Constitution, also deserves to be dealt with elaborately. In this regard, the conclusions drawn in paras 12 and 14 of the judgment rendered by the Full Bench of this Court (majority view) in the case of Dharambir V/s. State of Haryana 2005(3)
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