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2019 Supreme(P&H) 413

IN THE HIGH COURT OF PUNJAB AND HARYANA
INDERJIT SINGH, J.
CHANDNI AND OTHERS - Appellant
Vs.
STATE OF PUNJAB AND ANOTHER - Respondent
Criminal Miscellaneous No. 57367 of 2018
Decided on : 11-01-2019

Advocates:
Advocate Appeared:
Nakul Sharma, Adv., Mandeep Singh Sachdev, Adv.

In cases of serious offences, it is not in the interest of justice to quash the proceedings based solely on compromise, as it would send the wrong signal to society.

Headnote:

Compromise - Criminal Proceedings - Sections 306 and 34 IPC - [Sections 306, 34 IPC] - The court discussed the nature and gravity of the offences, the law on quashing criminal proceedings, and the impact on society. It highlighted that heinous and serious offences cannot be fittingly quashed even if the victim and offender have settled the dispute. The court emphasized that in cases of serious offences, it is not in the interest of justice to quash the FIR based on compromise, as it would send the wrong signal to society.

Fact of the Case:

The petition was filed for quashing an FIR registered for the offences under Sections 306 and 34 IPC, as the matter had been compromised between the parties. The FIR was related to the suicide of the complainant's son due to alleged harassment suffered from his wife and in-laws.

Finding of the Court:

The court found that the nature and gravity of the offences, as well as the law laid down by the Hon'ble Supreme Court, did not warrant quashing the FIR based on compromise. It emphasized that in serious cases, it is not in the interest of justice to quash the proceedings based solely on compromise, as it would send the wrong signal to society.

Issues: The issues revolved around whether the FIR should be quashed based on the compromise between the parties, the nature and gravity of the offences, and the impact on society.

Ratio Decidendi: The court's decision was based on the nature and gravity of the offences, the law on quashing criminal proceedings, and the impact on society. It highlighted that heinous and serious offences cannot be fittingly quashed even if the victim and offender have settled the dispute.

Final Decision: The criminal miscellaneous petition for quashing the FIR was dismissed by the court.

JUDGMENT :

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.183 dated 09.09.2018 (Annexure-P.1) registered for the offences under Sections 306 and 34 IPC at Police Station G.R.P. Jalandhar, District Jalandhar and subsequent proceedings arising therefrom, as the matter has been compromised between the parties vide compromise dated 13.12.2018 (Annexure-P.2).

2. I have heard learned counsel for the petitioners and have gone through the record.

3. The present FIR has been got registered for the offences under Sections 306 and 34 IPC by Prabha Sahni mother of Rohit Sahni (since deceased) against the present petitioners.

4. The brief facts of the case are that complainant's son Rohit Sahni got married with Chandni daughter of Gurmeet Singh Dhalla. After some days of marriage, her son Rohit told her that Chandni and her family members harassed him a lot. After some days, her daughter-in-law Chandni created tribulation in the house and called her parents on phone, who abused her son in her presence. After getting understood, they sent parents of Chandni. But after some days, again Chandni called her parents and other relatives at their house and they started abusing. Upon which, complainant's brother Rajinder Kumar, brother-in-law Sunil Kumar and other family members tried to understand the parents and brother of Chandni. On 08.09.2018, complainant's daughter-in-law Chandni again quarreled at home and called her parents and brother, who came to their house and said to her son, to go someway and die. Even all residents of Mohalla also gathered there. The complainant was told by her son Rohit after taking her aside that they insulted and humiliated him before the residents of Mohalla and relatives, so, now it is better to die than living such life. He is very fed up of his in-laws family. After that he went away from home and did not return back and they searched him for whole night. On 09.09.2018, in the morning, they came to know that complainant's son died by coming under train. Her son has committed suicide due to harassment suffered from the hands of his wife Chandni, father-in-law Gurmeet Singh Dhalla, mother-inlaw Laddi and brother-in-law Rahul, who are responsible for the death of her son.

5. Keeping in view the nature and gravity of the offences and the fact that Rohit Sahni had already died and the compromise is stated to be with mother of Rohit Sahni (since deceased) and in view of the law laid down by the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another, (2012) 4 RCR(Criminal) 543, this FIR is not liable to be quashed. The Hon'ble Supreme Court in the above case after discussing the law on the point has been 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




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