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2014 Supreme(P&H) 1495

PUNJAB & HARYANA HIGH COURT
Ritu Bahri, J.
Malkiat Singh - Appellant
Versus
State of Punjab and Ors. - Respondent
CRM-M No. 33392 of 2014
Decided On : 11-12-2014

Advocates:
For the Appellant :Vivek K. Thakur, Advocate
For the Respondents: D.S. Virk, A.A.G.

The timing of a settlement, the stage of criminal proceedings, and the severity of the offense are crucial factors in deciding whether to accept a compromise and quash criminal proceedings.

Headnote:

Compromise - Quashing of F.I.R. - Sections 307, 427, 148, 149 I.P.C. - Supreme Court judgment referred

Fact of the Case:

The petitioner sought quashing of the F.I.R. registered under Sections 307, 427, 148, 149 I.P.C. based on a compromise between the parties. The F.I.R. was filed after an incident involving a tractor trolley causing damage and injury to the petitioner.

Finding of the Court:

The court found that a valid and genuine compromise had been reached between the parties, and the injury sustained was not life-threatening. Citing a Supreme Court judgment, the court accepted the compromise and quashed the F.I.R. against the petitioner.

Issues: Validity of the compromise, nature of the injury, applicability of Supreme Court judgment

Ratio Decidendi: The court relied on the Supreme Court judgment to assess the timing of the settlement, the stage of the criminal proceedings, and the severity of the offense in deciding to accept the compromise and quash the F.I.R.

Final Decision: The court allowed the petition and quashed the F.I.R. against the petitioner.

Ritu Bahri, J.

1. Present petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of the F.I.R. No. 121 dated 25.12.2013 registered under Sections 307, 427, 148, 149 I.P.C. at Police station Begowal District Kapurthala on the basis of compromise between the parties. The F.I.R. was registered on a statement made by Malkiat Kaur wife of Karnail Singh. It was alleged that on 19.12.2013 at about 9:00 p.m., she with her husband Karnail Singh and daughter Daljit Kaur were at home. They heard the sound of a tractor trolley striking against the pillar of their main gate of their house. She and her husband came out and saw that the tiles affixed on the pillar of main gate have been broken. She and her husband told Jograj alias Joga son of Karnail Singh who was unloading the sand of their neighbour Gurnam Singh that he has caused loss to them by breaking the tiles of their main gate, which should be compensated to them. In the meantime, the owner of tractor trolley Malkiat Singh alias Minta son Mohinder Singh along with Balwinder Singh alias Bittu son of Pritam Singh, Mithan and Soni came at the spot. They asked Malkiat Singh @ Minta that his driver has broken the tiles by striking the trolley to the pillar of their main gate and caused loss to them and demanded compensation for that. Malkiat Singh @ Mima told them that he is not going to give them any compensation. He sat on this tractor Swaraj Marka 855 and started the same and came in front of their gate, where Malkiat Kaur stopped him and asked him to compensate them for the loss. On hearing this Malkiat Singh asked them to go away from the front of the Tractor and threatened to kill them. Thereafter, Malkiat Singh by accelerating his tractor at a fast speed with an intention to kill her struck her and due to the striking of the front tyre of the tractor, Malkiat Kaur got injured. Her husband Karnail Singh got her admitted to SGL Charitable Mustafabad for treatment.

2. The matter was investigated by the police and the challan was presented against the petitioner, whereas the other accused named in the F.I.R. were found innocent.

3. After presentation of the challan (Annexure P-2) and framing of charges, the compromise was effected (Annexure P-3). Vide order of this Court dated 26.9.2014, the trial Court was directed to send a report with regard to validity or otherwise of the compromise after recording statement of parties and parties were also directed to appear before the trial Court and get their statements recorded with regard to the compromise.

4. In compliance of the order dated 26.9.2014 of this Court, Status report in this regard has been sent by Additional Sessions Judge, Kapurthala. As per the status report the compromise between the parties is valid and genuine. Statement of Malkiat Kaur has been recorded on 21.10.2014 to the effect that the compromise has been effected with her own sweet will and without any pressure coercion or threat of any person and she is having no ill will or grudge in her mind against the accused. She was to live in peace and harmony and compromise would be in the betterment and interest of both the parties. Statements of Jograj Singh, Malkiat Singh and Joga Singh have been recorded to the same effect. It has been further stated in the status report that the F.I.R. was registered against accused Malkiat Singh @ Minta, Jograj Singh, Balwinder Sibngh @ Bittu, Mithan and Soni Lal. However till date, only accused Malkiat Singh @ Minta and Jograj Singh have been sent up to face trail by the police of Police Station Begowal. Enquiry against the accused Balwinder Singh @ Bittu, Mitan @ Dimpy and Soni Lal is still sub judiced with Deputy Superintendent of Police, Sub Division, Bholath.

5. A short reply dated 9.12.2014 by way of affidavit of Mukesh Kumar, PPS, Deputy Superintendent of police, Police Sub Division Bholath, District Kapurthala, Punjab-respondent No. 1 has been filed. As per the CT Scan Report (Annexure R-1/1) s








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