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2022 Supreme(P&H) 7

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANOOP CHITKARA, J.
Harpal Singh and others - Appellant
Versus
State of Punjab and others - Respondent
CRM-M-49002-2021
Decided on : 05-01-2022

Advocates:
Advocate Appeared:
For the Appellant :Mr. G.S. Simble, Advocate
For the Respondent:Mr. Sidakmeet Singh Sandhu, AAG, Punjab. Mr. Tarun Singla, Advocate

The court's decision emphasized the reformatory nature of criminal jurisprudence and the societal impact of quashing criminal proceedings based on a compromise.

Headnote:

FIR Quashing - Compromise - 452, 307, 324, 323, 427, 148, 149, 25/57 of Arms Act - The court analyzed the compromise between the accused and the victims, the nature of the offences, and the societal impact. It concluded that the ends of justice justified quashing the FIR and consequent proceedings.

Fact of the Case:

The accused sought to quash the FIR and all consequential proceedings based on a compromise with the victims, who had accused them of serious offences including causing injuries with a firearm.

Finding of the Court:

The court found that the accused and the victims had amicably settled the matter, and the settlement was not secured through coercion or threats. It also considered the societal impact and the reformatory nature of criminal jurisprudence.

Issues: The issues involved the compromise between the accused and the victims, the nature of the offences, and the societal impact of quashing the proceedings.

Ratio Decidendi: The court's decision was based on the settlement not affecting public peace or moral fabric, the absence of coercion in the compromise, and the reformatory purpose of criminal jurisprudence.

Final Decision: The court allowed the petition, invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure to quash the FIR and all subsequent proceedings.

JUDGMENT :

ANOOP CHITKARA, J.

FIR No.

Dated

Police Station

Sections

14

16.02.2021

Ghanie Ke Bangar, District Gurdaspur

452, 307, 324, 323, 427, 148 & Police District Batala, 149 and Sections 25/57 of Arms Act

1. The petitioners, who have arraigned as accused in the above captioned FIR, have come up before this Court under Section 482 CrPC to quash the FIR and all consequential proceedings based on the compromise with the victims.

2. The gist of the allegations against the petitioner(s) is that on 13.02.2021, the police recorded the statement of complainant (respondent No.2 herein) under Section 154 Cr.P.C., in the following terms:-

    “Statement of Vijay Kumar son of Kartar Chand resident of Ghanie Ke Bangar aged about 42 years mobile number 9779057580 stated that I am resident of above said address and I am laborer. On 12.02.2021 at about 8 pm, I was watching TV after taking dinner, bulbs were blowing in the house. Then I heard some quarrelling noise from the street. I tried to go to upstairs through stairs then Gurpinder Singh @ armed with kirpan, Inderjit Singh armed with iron rod, Supan son of Daljit Singh armed with iron rod, Harpal Singh @ Palu son of Ranjit Singh armed with iron rod, Jaggu son of Tarlochan Singh armed with 12 bore gun residents of Ghanie Ke Bangar and 5/6 unknown persons entered in the house of my cousin Kasturi Lal son of Shingara Mal. Gurvinder Singh raised lalkara that catch them and teach them a lesson for fighting with us. Gurpinder Singh gave kirpan blow to Prince son of Kasturi Lal resident of Ghanie Ke Bangar which hit on his head. He fell down on the ground, then Inderjit Singh, Supan, Harpal Singh alias Paly and unknown persons gave blows with their weapons two Kasturi Lal. That Jaggu fired from his 12 bore gun on me with the intention to kill me, pallets of the bullet hit me on my arms and legs, I fell down on the ground. They were abusing and broke the house of Prince; they also broke the car of Prince which was parked in the street and they ran away from the spot. That Mulkh Raj son of Haveli Ram resident of Ghanie Ke Bangar arranged the vehicle to get me and Kasturi Lal in Civil Hospital Fatehgarh Churian but doctor referred us to Gurunanak Hospital Amritsar due to serious injuries. That on dated 13.2.21 we again got admitted in Civil Hospital Fatehgarh Churian to get medical report. Prince was taken to Guru Nanak Hospital Amritsar at the same day due to injuries. We both are under treatment. Reason behind grudge is that on 12.2.21 at the day time Gurvinder Singh and Kasturi Lal had altercation in the market but made them understand to send them to their houses. Due to this grudge above said accused person in connivance with each other have inflicted injuries to us. Action may kindly be taken against them SD/ Vijay Kumar SD/Kasturi Lal attested by Amolak deep Singh SI SHO PS Ghanie Ke Bangar.”

3. After that the investigation was conducted and other procedures were followed. During the pendency of the petition, the accused and the injured have compromised the matter, and its copy is annexed with this petition as Annexure P-2. After that, the petitioners have come up before this Court to quash the FIR, and in the quashing petition, the injured have been impleaded as respondent(s).

4. On the prayer of the parties in the present petition, the Court had permitted the parties to appear before the concerned Court to record their statements. As per the concerned Sessions Court's report, the victim(s), without any threat, consented to the quashing of FIR and consequent proceedings.

ANALYSIS & REASONING:

5. Undoubtedly, the offences are under Section 307 IPC and one of the accused even used firearm but question for this Court is that when the villagers have compromised the matter with the intervention of the respectable and assura

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