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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Vikas Bahl, J.
Rajbir Singh and others Appellant
Vs.
State of Punjab and another - Respondent
CRM-M-36570-2021 (O&M)
Decided On : 02-02-2022
Compromise - Matrimonial Dispute - Section 306 IPC - [Section 306 IPC] - The court allowed the quashing of FIR and subsequent proceedings based on a genuine and voluntary compromise between the parties. The court referred to previous judgments where similar petitions under Section 482 Cr.P.C. were allowed on the basis of compromise. The court also cited legal provisions from the Full Bench judgment of the High Court and the observations of the Supreme Court to support its decision to quash the proceedings.
Fact of the Case:
The petitioners sought to quash an FIR registered under Section 306 IPC arising from a matrimonial dispute, based on a compromise between the parties. The court found the compromise to be genuine and voluntary, and the statements of the complainant and legal representatives of the deceased supported the same. The State had no objection to quashing the FIR, and the compromise was deemed to be in the interest of all parties.
Finding of the Court:
The court found that the compromise was genuine and voluntary, and there was no other FIR against the petitioners. The court also noted that the offense under Section 306 IPC was not made out against the petitioners, and the allegations in the FIR were vague and general. The court referred to previous judgments and legal provisions to support the quashing of the FIR and subsequent proceedings.
Issues: The issues involved the genuineness of the compromise, the presence of other FIRs against the petitioners, and the sufficiency of the allegations under Section 306 IPC in the FIR.
Ratio Decidendi: The court relied on previous judgments and legal provisions to establish that the power of quashing criminal proceedings under Section 482 Cr.P.C. can be used to prevent the abuse of the process of law or to secure the ends of justice. The court also cited observations from the Supreme Court regarding the mens rea and active instigation required for abetment under Section 306 IPC.
Final Decision: The court allowed the petition and ordered the quashing of the FIR and subsequent proceedings under Section 306 IPC against the petitioners.
JUDGMENT :
Vikas Bahl, J.
CRM-2938-2022
1. This is an application under Section 482 Cr.P.C. for placing on record Annexure A-1.
Allowed as prayed for. Annexure A-1 is taken on record subject to all just exceptions.
CRM-M-36570-2021
2. This is a petition under Section 482 Cr.P.C. praying for quashing of FIR no.201 dated 03.09.2017 registered under Section 306 IPC at Police Station Derabassi, SAS Nagar, Punjab and all other consequential proceedings arising therefrom on the basis of compromise dated 27.08.2021 (Annexure P-2).
3. Learned counsel for the petitioner has submitted that the present FIR arises from a matrimonial dispute inasmuch as the deceased Tejinder Singh was the son-in-law of petitioner no.1 and was married to Ruchi, daughter of petitioner no.1. It is further submitted that petitioners no.4 and 5 are sons-in-law of petitioner no.1 and petitioners no.2 and 3 are also relatives of petitioner no.1. It is further submitted that in the present case compromise has been effected between the petitioners on one side and respondent no.2, legal representatives of deceased Tejinder Singh on the other side.
4. On 08.10.2021, this Court was pleased to pass the following order:-
On the last date of hearing, a Co-ordinate Bench of this Court had put the hearing of the case on the point of maintainability.
Learned counsel for the petitioners has argued that the present case primarily arises out of the matrimonial dispute in which the husband of the daughter of petitioner No.1 is stated to have committed suicide. Learned counsel for the petitioners has referred to a judgment passed by a Co-ordinate Bench of this Court dated 25.02.2011 titled as “Sucha Singh and others Vs. State of Punjab and another” in CRM-M- 9321-2010, judgment dated 07.11.2019, titled as “Ishita Gupta and another Vs. State of Punjab and another” in CRM-M-44140-2017 as well as judgment dated 28.09.2017 titled as “Satish Kumar Bhargav and others Vs. State of Punjab and another”, passed in CRM-M- 24010-2017, to contend that even in cases under Section 306 of IPC, the petitions under Section 482 Cr.P.C. have been allowed on the basis of compromise. Learned counsel for the petitioner has submitted that although in the present case, only respondent No.2, who is the father of the deceased has been made party but all the legal representatives of the deceased would give statement within one month with regard to the matter being compromised. It is further submitted that even if the allegations in the FIR are taken at the face value, the offence under Section 306 IPC has not been made out against the petitioner.
Adjourned to 14.12.2021.
In the meanwhile, the parties are directed to appear before the Illaqa Magistrate/trial Court for recording their statements qua compromise within a period of one month.
The Illaqa Magistrate/trial Court is directed to submit a report on or before the next date of hearing containing the following information:-
1. Number of persons arrayed as accused.
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 FIR or not?
5. The trial Court is also directed to record the statement of the Investigating Officer as to how many victims/complainants are there in the FIR.”
5. In pursuance to the said order, respondent no.2 as well as legal representatives of deceased Tejinder Singh got their statements recorded.
6. Sunita mother of Tejinder Singh, Ruchi wife of Tejinder Singh also got their statements recorded in addition to the statement of Harbhajan Singh who is father of deceased Tejinder Singh.
7. After rec
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