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2022 Supreme(P&H) 724

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sanjay Vashisth, J.
Sandeep Singh - Appellant
Versus
State Of Punjab & Anr. – Respondents
CRM-M-30318-2019
Decided On : 22-09-2022

Advocates:
Mr. J.S. Thakur, Advocate for the petitioner., for the Appellant; Mr. JS Arora, DAG, Punjab. Mr. Manish Mehta, Advocate for respondents No.2., for the Respondent

The court emphasized the significance of compromise in modern society and the wide power of the court to quash proceedings under Section 482 of the Cr.P.C. to prevent abuse of law and secure the ends of justice.

Headnote:

Section 482 - Quashing of FIR - 420 IPC - 2007 (3) RCR (Criminal) 1052, 2012 10 SCC 303, 2017 9 SCC 641, 2021 SCC Online SC 834

Fact of the Case:

The petitioner filed a petition under Section 482, Cr.P.C. seeking to quash FIR No. 213, dated 11.12.2006, for the offences punishable under Section 420 of IPC, based on a compromise-deed dated 06.04.2018. The affected parties appeared before the trial Court and recorded their statements regarding the compromise.

Finding of the Court:

The court found that the private parties had genuinely compromised and there was no objection from the aggrieved person to quash the FIR and consequential proceedings. The court also considered the legal principles laid down in various judgments regarding the quashing of criminal proceedings based on compromise.

Issues: The main issue was whether the pendency of the criminal litigation would be an abuse of process of law in light of the compromise between the private parties.

Ratio Decidendi: The court relied on legal principles from various judgments, emphasizing the importance of compromise in modern society and the wide power of the court to quash proceedings under Section 482 of the Cr.P.C. to prevent abuse of law and secure the ends of justice.

Final Decision: The court accepted the petition and quashed FIR No. 213, dated 11.12.2006, and all consequential proceedings based on the compromise-deed dated 06.04.2018.

JUDGMENT

Sanjay Vashisth, J. (Oral) - The present petition under Section 482, Cr.P.C., has been filed by the petitioner, for quashing of FIR No. 213, dated 11.12.2006 (Annexure P-1), for the offences punishable under Section 420 of IPC, at Police Station Adampur, District Jalandhar, and all the consequential proceedings arising therefrom, on the basis of compromise-deed dated 06.04.2018 (Annexure P- 2).

2. Vide order dated 19.07.2019, the affected parties were directed to appear before the learned trial Court/Illaqa Magistrate, for getting their respective statements recorded with regard to the compromise. The trial Court/Illaqa Magistrate was to submit a report in this regard giving certain details as enumerated in the said order.

3. Pursuant to the order dated 19.07.2019, passed by this Court, the parties have appeared before learned Judicial Magistrate Ist Class, Jalandhar, and as per report dated 19.10.2019, submitted to this Court, both ?the parties have got recorded their respective statements in Court. The operative part of the report received from learned Court below is as under:-

    'As per the statements of the parties, the FIR No. 213, dated 11.12.2006, under Section 420 of IPC, PS Adampur, Jalandhar, was got registered by complainant Paramjit Kaur against accused Sandeep Singh S/o Hardev Singh, r/o VPO Padhiana, Jalandhar. With the intervention of the respectables and the near and dear ones of both sides, the matter has been amicably settled and compromised between the parties. The said compromise is with the free will of the parties and without any pressure or coercion from any corner. As per the statements of the parties there is only one accused namely Sandeep Singh in the present FIR and accused Sandeep Singh is not involved in any other case except the present FIR. The copy of the Adhar Card of complainant and accused is Ex.C1 and Ex.C2 respectively as the proof of their identities.

    As per the statement of ASI Bhupinder Pal posted at Adampur, Jalandhar, IO of the case namely Baljinder Singh, S/o Gurdeep Singh, R/o Mehatpur, Nakodar, Jalandhar has been died on dated 21.05.2008. The photocopy of death certificate of Baljinder Singh has also been attached with the statement and the same is Ex.D1 which is duly attested by him. He further stated that as per his knowledge there is only one victim/complainant namely Paramjit Kaur in the present FIR.'

    4. Learned counsel for the petitioner urged that due to intervention of the respectable and elderly people of the society, the matter has been resolved and private parties have effected a compromise-deed dated 06.04.2018 (Annexure P-2). At present, there remains no dispute amongst the private parties. He further submits that in view of the compromise so effected between the private parties, pendency of the impugned FIR and consequential proceedings emanating therefrom would be sheer abuse of the process of law.

    5. Learned State counsel as also learned counsel for respondent No.2, after going through the statements and the report received from learned Court below, very fairly admit that the private parties have resolved their dispute and effected a compromise and that they have no objection if the impugned FIR and all the consequential proceedings are quashed on the basis of the compromise.

    6. The Full Bench of this Court in the matter of Kulwinder Singh and others v. State of Punjab and another, 2007 (3) RCR (Criminal) 1052, has observed as under:

      '(28) To conclude, it can safely be said that there can never be any hard and fast category which can be prescribed to enable the Court to exercise its power under Section 482 of the Cr.P.C. The only principle that can be laid down is the one which has been incorporated in the Section itself, i.e., "to prevent abuse of the process of any Court" or "to secure the ends of justice'.

      (29) In Mrs. Shakuntala Sawhney v. Mrs. Kaushalya Sawhney and others, Hon'ble Krishna Iyer, J. aptly summoned up the essence of compromise in the following words:

        '

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