IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sanjay Vashisth, J.
Jograj Singh @ Joban & Ors. – Appellants
Versus
State Of Punjab & Ors. – Respondents
CRM-M-17584-2021
Decided On : 20-09-2022
Section 482 - Quashing of FIR - IPC 308, 452, 506 - The court quashed the FIR and consequential proceedings under Sections 308, 452, 506 of IPC based on the compromise between the parties. The court relied on legal principles from various judgments to exercise its inherent power under Section 482 of the Cr.P.C. to prevent abuse of process of law and secure the ends of justice.
Fact of the Case:
The petitioners filed a petition under Section 482, Cr.P.C. seeking to quash FIR No. 356, dated 03.12.2020, for offences under Sections 308, 452, 506 of IPC, based on a compromise dated 15.04.2021. The affected parties appeared before the trial Court and recorded their statements regarding the compromise.
Finding of the Court:
The court found that the compromise between the parties was genuine, voluntary, and without coercion or undue influence. It observed that the pendency of the criminal litigation would be an abuse of process of law, considering the bleak chances of conviction of the petitioners due to the compromise.
Issues: The main issue was whether the FIR and consequential proceedings should be quashed based on the compromise between the parties.
Ratio Decidendi: The court relied on legal principles from various judgments, including the power under Section 482 of the Cr.P.C. to prevent abuse of process of law and secure the ends of justice. It also considered the nature and effect of the offence on the society, seriousness of the injury, voluntary nature of the compromise, and conduct of the accused persons.
Final Decision: The court quashed FIR No. 356, dated 03.12.2020, and all consequential proceedings under Sections 308, 452, 506 of IPC, based on the compromise dated 15.04.2021, in view of the totality of the facts and circumstances of the case and the legal principles from relevant judgments.
JUDGMENT
Sanjay Vashisth , J. - The present petition under Section 482, Cr.P.C., has been filed by the petitioners, for quashing of FIR No. 356, dated 03.12.2020 (Annexure P-1), for the offences punishable under Sections 308, 452, 506 of IPC, at Police Station Jhabal, District Tarn Taran, and all the consequential proceedings arising therefrom, on the basis of compromise dated 15.04.2021 (Annexure P-2).
2. Vide order dated 27.04.2021, 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 27.04.2021, passed by this Court, the parties have appeared before learned Addl. Chief Judicial Magistrate, Tarn Taran, and as per report dated 17.05.2021, 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:-
' From the statements of the parties to the petition and Investigating Officer, the report is submitted as under:-
1. As per the FIR, there are four accused, who appeared in the Court today.
2. As per the statement of the petitioners, complainants and Investigating Officer, they have not been declared Proclaimed Offender in this case.
3. From the statements of the parties, the compromise arrived at between the parties appears to be genuine, voluntary and without any coercion or undue influence.
4. As per the statement of the petitioners, complainants and Investigating Officer, they are not involved in any other case.
5. As per the statement of Investigating Officer, there are two complainants/victim, namely, Veer Kaur wife of Gurnam Singh, Gurpreet Singh son of Gurnam Singh.'
4. Learned counsel for the petitioners 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 dated 15.04.2021 (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 respondents No. 2 & 3, 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:
'The finest hour of justice arrives propitiously when parties, despite falling apart, bury the hatchet and weave a sense of fellowship of reunion.'
(30) The power to do complete justice is the very essence of every judicial justice dispensation system. It cannot be diluted by distorted perceptions and is not a slave to anything, except to the caution and circumspection, the standards of which the Court sets before it, in exercise of such plenary and unfettered power inherently vested in it while donning
Kulwinder Singh and others v. State of Punjab and another
Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujarat and another
The court can exercise its inherent power under Section 482 of the Cr.P.C. to prevent abuse of process of law and secure the ends of justice, especially in cases where a genuine compromise between th....
The main legal point established in the judgment is the importance of compromise in modern society and the need to exercise the power under Section 482 to prevent abuse of the process of court and se....
The voluntary nature of the compromise and the court's power to prevent abuse of the process of law by quashing proceedings based on genuine compromises.
The court emphasized the power of the court to quash proceedings to prevent abuse of process of law and secure the ends of justice, especially in cases of compromise between the parties.
The court can exercise its inherent power under Section 482 of the Cr.P.C. to quash criminal proceedings based on a genuine and voluntary compromise between the parties, considering the nature of the....
The court can exercise its inherent power under Section 482 of the Cr.P.C. to quash proceedings based on a genuine compromise between private parties to prevent abuse of process of law and secure the....
The court can exercise its power under Section 482 to quash criminal proceedings if the compromise between the parties is genuine and voluntary, and the pendency of the litigation would be an abuse o....
The main legal point established in the judgment is the court's power to quash criminal proceedings based on a genuine compromise between the parties, in order to prevent abuse of process of law and ....
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....
The main legal point established in the judgment is that the court has the inherent power to quash criminal proceedings based on a compromise between the parties to prevent abuse of process of law an....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.