Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(P&H) 401

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anoop Chitkara, J.
Diwan Chand & Anr. – Appellants
Versus
State Of Punjab & Anr. – Respondents
CRM-M No. 8998 of 2022
Decided On : 28-03-2022

Advocates Appeared:
Mr. Paramjeet Singh Paul, Advocate, for the Appellant; Mr.Harsimar Singh Sitta, AAG, Punjab., Mr. Bhupinder Banga, Advocate for respondent No.2, for the Respondent

The exercise of inherent power for quashing the FIR and consequent proceedings is justified to secure the ends of justice, especially in cases involving voluntary compromise and non-compoundable offences.

Headnote:
Compromise - Quashing of FIR - 448, 379, 467, 468, 471, 420, 120-B IPC - The court discussed the relevance of the compromise between the accused and the victim, the absence of coercion, and the impact on public peace and tranquillity. It referred to judicial precedents to justify the exercise of inherent power for quashing the FIR and consequent proceedings.
Fact of the Case:

The accused sought quashing of the FIR and all consequential proceedings based on a compromise with the victim. The victim consented to the nullification of criminal proceedings.
Finding of the Court:

The court found that the compromise between the accused and the victim was voluntary and not coerced. It concluded that quashing the FIR and consequent proceedings was justified to secure the ends of justice.
Issues: The issues revolved around the validity of the compromise, impact on public peace, and the exercise of inherent power for quashing the FIR and consequent proceedings.
Ratio Decidendi: The court relied on judicial precedents to establish that the exercise of inherent power for quashing the FIR and consequent proceedings is justified in cases where the compromise is voluntary and the offences are non-compoundable.
Final Decision: The court allowed the petition and quashed the FIR and all subsequent proceedings against the petitioners.

JUDGMENT

Anoop Chitkara, J.

FIR No.	Dated	Police Station	Sections
95	24.12.2021	Jodhan, District Ludhiana Rural	448, 379, 467, 468, 471, 420, 120-B IPC

1. The petitioners arraigned as accused in the above captioned FIR, have come up before this Court under Section 482 CrPC for quashing of the FIR and all consequential proceedings based on the compromise with the victim.

2. During the pendency of the petition, the accused and the victim have compromised the matter, and its copy is annexed with this petition.

3. After that, the petitioners came up before this Court to quash the FIR, and in the quashing petition, the victim has been impleaded as respondent.

4. On 7-3-2022, the victim/ complainant Gurmeet Singh, respondent no. 2 stated before the JMIC, Ludhiana that there would be no objection if the court quashes this FIR and consequent proceedings. As per the concerned court's report dated 16-3-2022, the parties consented to the quashing of FIR and consequent proceedings without any threat.

ANALYSIS & REASONING:

5. Despite the severe opposition of the State's counsel to this compromise, the following aspects would be relevant to conclude this petition: -

a) The accused and the private respondent have amicably settled the matter between them in terms of the compromise deed and the statements recorded before the concerned Court;

b) A perusal of the documents reveal that the settlement has not been secured through coercion, threats, social boycotts, bribes, or other dubious means;

c) The victim has willingly consented to the nullification of criminal proceedings;

d) There is no objection from the private respondent in case present FIR and consequent proceedings are quashed;

e) In the given facts, the occurrence does not affect public peace or tranquillity, moral turpitude or harm the social and moral fabric of the society or involve matters concerning public policy;

f) The rejection of compromise may also lead to ill will. The pendency of trial affects career and happiness;

g) There is nothing on the record to prima facie consider the accused as an unscrupulous, incorrigible, or professional offender;

h) The purpose of criminal jurisprudence is reformatory in nature and to work to bring peace to family, community, and society;

i) The exercise of the inherent power for quashing FIR and all consequential proceedings is justified to secure the ends of justice.

6. In the present case the offences under sections 467, 468, 471, and 120-B of Indian Penal Code, 1860 are not compoundable under Section 320 CrPC. However, in the facts and circumstances peculiar to this case, the prosecution qua the non-compoundable offences can be closed by quashing the FIR and consequent proceedings.

7. In Manoj Sharma v. State, 2008(4) R.C.R.(Criminal) 827, Hon'ble Supreme Court quashed the criminal proceedings holding as follows,

[8]. In our view, the High Court's refusal to exercise its jurisdiction under Article 226 of the Constitution for quashing the criminal proceedings cannot be supported. The First Information Report, which had been lodged by the complainant indicates a dispute between the complainant and the accused which is of a private nature. It is no doubt true that the First Information Report was the basis of the investigation by the Police authorities, but the dispute between the parties remained one of a personal nature. Once the complainant decided not to pursue the matter further, the High Court could have taken a more pragmatic view of the matter. We do not suggest that while exercising its powers under Article 226 of the Constitution the High Court could not have refused to quash the First Information Report, but what we do say is that the matter could have been considered by the High Court with greater pragmatism in the facts of the case. As we have indicated hereinbefore, the exercise of power under Section 482 Criminal Procedure Code or Article 226 of the Constitution is discretionary to be exercised in the facts of each case.

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