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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Vikas Bahl, J.
Bhura Singh @ Bharpoor Singh & Ors. – Appellants
Versus
State Of Punjab – Respondent
CRR-252-2008 (O&M)
Decided On : 26-05-2022
Section 482 Cr.P.C - Criminal Revision - Summary of Acts and Sections: 323, 324, 326, 149, 148 IPC - The court allowed the application to place on record the death certificate and compromise. The challenge was made to the judgment and order of sentence. The court discussed the compromises dated 12.05.2022 and 18.05.2022 and their genuineness. The court referred to the judgment of the Hon'ble Supreme Court of India in Criminal Appeal no.1489 of 2012 titled as 'Ramgopal & Anr. vs. The State of Madhya Pradesh' and connected matter and allowed the revision petition based on the genuine and valid compromises.
Fact of the Case:
The application was filed under Section 482 Cr.P.C. to place on record the death certificate and compromise. The challenge was made to the judgment and order of sentence. The court discussed the compromises dated 12.05.2022 and 18.05.2022 and their genuineness. The court referred to the judgment of the Hon'ble Supreme Court of India in Criminal Appeal no.1489 of 2012 titled as 'Ramgopal & Anr. vs. The State of Madhya Pradesh' and connected matter and allowed the revision petition based on the genuine and valid compromises.
Finding of the Court:
The court found that the compromises were genuine and valid, and based on the judgment of the Hon'ble Supreme Court of India, allowed the revision petition.
Issues: The issues involved the genuineness of the compromises and the applicability of the judgment of the Hon'ble Supreme Court of India in allowing the revision petition.
Ratio Decidendi: The court relied on the judgment of the Hon'ble Supreme Court of India in Criminal Appeal no.1489 of 2012 titled as 'Ramgopal & Anr. vs. The State of Madhya Pradesh' and connected matter to decide on the genuineness of the compromises and allowed the revision petition based on the same.
Final Decision: The court allowed the revision petition and set aside the judgment of conviction and order of sentence, acquitting the petitioners of the charges framed against them.
JUDGMENT
Vikas Bahl, J. (Oral). - CRM-19909-2022
1. This application has been filed under Section 482 Cr.P.C. for placing on record copy of death certificate dated 10.02.2020 of Lakhwinder Singh (petitioner No.3) as Annexure A-1 and compromise dated 12.05.2022 and 18.05.2022 as Annexures A-2 and A-3, respectively.
2. In view of the averments made in the application, the same is allowed and copy of death certificate dated 10.02.2020 of Lakhwinder Singh/petitioner No.3 (Annexure A-1) and compromise dated 12.05.2022 and 18.05.2022 (Annexures A-2 and A-3) are taken on record, subject to all just exceptions.
CRR-252-2008
3. Challenge in the present Criminal Revision is to the judgment and order of sentence dated 02.08.2007 passed by the Judicial Magistrate 1st Class, Muktsar, vide which the present petitioners along with one Baldev Singh have been convicted and have been sentenced as under:-
"BALDEV SINGH Under sections 326/149 Rigorous imprisonment for 1 year and Rs. 500.00 fine, in default of fine 1 month RI. 324/149 Rigorous imprisonment for 6 months 323/149 Rigorous imprisonment for 3 months 148 IPC Rigorous imprisonment for 3 months.
BHURA SINGH Under sections 326 Rigorous imprisonment for 3 years and Rs.1000.00 fine, in default of fine 3 months R.I. 324 Rigorous imprisonment for 1 year 323 Rigorous imprisonment for 9 months 326/149 Rigorous imprisonment for 1 year and Rs.500.00 fine, in default of fine 1 months R.I. 324/149 Rigorous imprisonment for 6 months 323/149 Rigorous imprisonment for 3 months 148 IPC Rigorous imprisonment for 3 months SUKHJINDER SINGH Under Sections 326 Rigorous imprisonment for 3 years and Rs.1000.00 fine, in default of fine 3 months R.I. 324 Rigorous imprisonment for 1 year 326/149 Rigorous imprisonment for 1 years and Rs.500.00 fine, in default of fine 1 months R.I. 324/149 Rigorous imprisonment for 6 months 323/149 Rigorous imprisonment for 3 months 148 IPC Rigorous imprisonment for 3 months LAKHWINDER SINGH Under Sections 323 Rigorous imprisonment for 9 months 326/149 Rigorous imprisonment for 1 years and Rs.500.00 fine, in default of fine 1 months R.I. 324/149 Rigorous imprisonment for 6 months 323/149 Rigorous imprisonment for 3 months & 148 IPC Rigorous imprisonment for 3 months BALWINDER SINGH Under sections 323 Rigorous imprisonment for 9 months 326/149 Rigorous imprisonment for 1 years and Rs.500.00 fine, in default of fine 1 months R.I. 324/149 Rigorous Imprisonment for 6 months 323/149 Rigorous imprisonment for 3 months & 148 IPC Rigorous imprisonment for 3 months All the sentences shall run concurrently.'
4. Challenge has also been made to the judgment dated 02.02.2008, passed by the Additional Sessions Judge (Adhoc), Fast Track Court, Muktsar, vide which, the conviction of the present petitioners under Sections 323 and 324 IPC was upheld, whereas, they were acquitted of the charges framed under Sections 326 read with Section 149 IPC as well as under Section 148 IPC.
5. At the very outset, learned counsel for the petitioners has pointed out that petitioner No.3-Lakhwinder Singh has since died on 15.01.2020 and has placed on record the death certificate (Annexure A-1) along with CRM-19909-2022 and has submitted that the present revision petition qua the said petitioner No.3 has thus, abated.
6. The said fact has not been disputed by learned State counsel as well as learned counsel appearing for the complainant.
7. The brief facts of the case are that the FIR in the present case was registered on the statement of Gurpreet Singh son of Amarjit Singh, who had alleged that on 23.07.1999 at about 10.30 AM, the accused persons armed with weapons had caused injuries to Baljit Singh, Gurpreet Singh and Jagsir Singh. On the basis of the said statement, the FIR was registered and finding a prima facie case, charges had been framed. As many as, eight witnesses were examined, the details of whom have been given as under: -
" Gupreet Singh PW1; Baljit Singh PW2; Jagsir Singh PW3; Dr. Madan Gopal Sharma PW4; Dr. N
The High Court has the discretionary power to quash criminal proceedings involving non-heinous offences, even post-conviction, based on a genuine and voluntary compromise, in order to secure the ends....
The High Court's power under Section 482 Cr.P.C. to quash criminal proceedings involving non-heinous offences, even post-conviction, to secure the ends of justice.
The court has the power to quash criminal proceedings based on a genuine and voluntary compromise between the parties, especially in cases involving non-heinous offences or of a private criminal act.
The power of the High Court under Section 482 Cr.P.C. to quash criminal proceedings involving non-heinous offences, even if the trial has concluded and appeal stands dismissed against conviction, bas....
The main legal point established in this judgment is that the court has the inherent power to quash criminal proceedings, including the conviction, sentence, charges, and FIR, based on a compromise b....
The voluntary nature of a settlement, absence of coercion, and the reformatory nature of criminal jurisprudence are key legal principles established in the judgment.
The main legal point established is that post-conviction compromises, if voluntary and not coerced, can justify quashing of convictions and proceedings to secure the ends of justice.
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