Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Vinod S. Bhardwaj, J.
Surinder Pal @ Shiv and Another – Appellants
Versus
State of Punjab and Another – Respondents
CRM-M-47616-2019
Decided On : 09-03-2022
Quashing of FIR - Dispute Resolution - Sections 419, 420, 465, 467, 468 and 471 IPC - The judgment discusses the legal principles for quashing a criminal proceeding based on a compromise between the parties. It highlights the broad principles for exercising the powers under Section 482 of the Cr.P.C and the factors to be considered in evaluating whether a criminal proceeding should be quashed. The court's decision is influenced by the amicable resolution of the dispute and the nature of the alleged offences.
Fact of the Case:
The petitioner sought quashing of FIR No.162 dated 09.04.2015 registered under Sections 419, 420, 465, 467, 468 and 471 IPC at Police Station City Phagwara, District Kapurthala, based on a compromise between the parties. The parties had a minor altercation, which led to the registration of the FIR. Subsequently, they reached a compromise and sought to quash the proceedings.
Finding of the Court:
The court found that the dispute was of a private nature and the alleged offences did not exhibit mental depravity or have a wide pervasive impact on social or public order. It concluded that no useful purpose would be served by continuing the proceedings, and there was no likelihood of conviction. The court allowed the petition and quashed the FIR and all subsequent proceedings, subject to the payment of costs.
Issues: The issues involved the quashing of the FIR and subsequent proceedings based on a compromise between the parties, the nature of the alleged offences, and the impact on public interest and social order.
Ratio Decidendi: The court applied the legal principles outlined in various precedents, emphasizing the evaluation of the nature and effect of the offence on society, the voluntary nature of the compromise, and the conduct of the accused persons. It considered the nature of the dispute, the absence of mental depravity, and the amicable resolution as key factors in reaching its decision.
Final Decision: The court allowed the petition and quashed the FIR and all subsequent proceedings, citing the amicable resolution of the dispute and the absence of heinous or shocking offences. It imposed a cost of Rs. 30,000 to be deposited with the 'Poor Patient Welfare Fund', PGIMER Chandigarh within one month.
JUDGMENT :
Vinod S. Bhardwaj, J.
This case has been taken up through Video Conferencing via Webex Facility in the light of Pandemic Covid-19 situation and as per instructions.
1. The petitioner has approached this Court seeking quashing of FIR No.162 dated 09.04.2015 registered under Sections 419, 420, 465, 467, 468 and 471 IPC at Police Station City Phagwara, District Kapurthala (Annexure P-1) and all subsequent proceedings arising therefrom on the strength of compromise dated 24.10.2019 (Annexure P-2) entered between the parties.
2. Learned counsel for the petitioner submits that there was a minor altercation amongst the petitioner and respondent No.2 (complainant) resulting in registration of the FIR No.162 dated 09.04.2015 registered under Sections 419, 420, 465, 467, 468 and 471 IPC at Police Station City Phagwara, District Kapurthala and that with the intervention of the respectables from both the sides, the matter has been settled and amicably resolved. It is further submitted that the compromise amongst the parties was effected on account of free will and without any pressure and coercion.
3. Vide order dated 11.12.2019, the parties were directed to appear before the Illaqa Magistrate for recording their statements and the Illaqa Magistrate to submit a report. The relevant extract of the order is reads as under :
1. Number of persons arrayed as accused in FIR.
2. Whether any accused is proclaimed offender.
3. Whether the compromise is genuine, voluntary and without any coercion or undue influence.
4. Whether the accused persons are involved in any other case or not.
5. Current stage of the case.
The trial Court is further directed to record the statement of the Investigating Officer as to how many victims/complainants are there in the FIR. Trial Court/Illaqa Magistrate is also directed to send the report in time so as to reach this Court before the date of hearing fixed.
4. In compliance of the directions so issued, the parties appeared before the Sub Divisional Judicial Magistrate, Phagwara and a report has been sent vide letter No.387 dated 24.01.2020. The point wise report submitted by the Sub Divisional Judicial Magistrate, Phagwara is extracted as under:-
(3) There are two accused namely Surinder Pal @ Shiv and Raninder Singh @ Rana in FIR.
(4) Complainant Narinder Singh as well as accused Surinder Pal @ Shiv and Raninder Singh @ Rana, witness Som Nath and Investigation Officer Baljinder Singh have appeared before the undersigned.
(5) Complainant Narinder Singh has made a statement that FIR No. 162 dated 09.04.2015 under Sections 419, 420, 465, 467, 468 and 471 of IPC P.S. City Phagwara registered upon his statement against the accused persons namely Surinder Pal @ Shiv and Raninder Singh @ Rana and challan has presented in the court. No accused proclaimed person in the present case. He has reached compromise with the above named accused persons with his own free will, voluntarily without any fear, threat or coercion. Copy of compromise is Mark A. He produced copy of Aadhar Card as Ex.C3 (Original seen and returned) to prove his identity. He has no objection if the case/FIR against the above said accused is quashed. Witness Som Nath also appeared before the undersigned and stated that the FIR No. 162 dated 09.04.2015 under Section 419, 420, 465, 467, 468 and 471 IPC, P.S. City, Phagwara, Kapurthala registered upon the statement of the complainant against accused persons namely Surinder Pal @ Shiv and Raninder Singh @ Rana. They got effected compromise between the parties. He produced coy of Aadhar Caard as Ex.C4 and co
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
