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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sanjay Vashisth, J.
Vikas Jagga - Appellant
Versus
State Of Haryana & Anr. – Respondents
CRM-M-3229-2021
Decided On : 16-09-2022
Section 482 - Quashing of FIR - 323, 506, 376, 511, 34 of IPC - Summary: The court quashed the FIR and consequential proceedings based on the compromise between the parties, citing legal principles from various judgments including the need to prevent abuse of process of law and secure the ends of justice. The court found that the chances of conviction were bleak in view of the compromise, and accepted the petition to quash the FIR and proceedings.
Fact of the Case:
The petitioner filed a petition under Section 482, Cr.P.C. seeking to quash FIR No. 23, dated 15.01.2020, and the final investigation report under Section 173 Cr.P.C. The petitioner and the complainant had reached a compromise, and the petitioner urged that the pendency of the FIR and consequential proceedings would be an abuse of process of law.
Finding of the Court:
The court found that the chances of conviction of the petitioner were bleak in view of the compromise between the parties. The court also noted that the aggrieved person had genuinely effected a compromise and had no objection to quashing the FIR and proceedings.
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, emphasizing the need to prevent abuse of process of law and secure the ends of justice. The court also considered the nature of the offence, voluntary nature of the compromise, and conduct of the accused persons.
Final Decision: The court accepted the petition and quashed the FIR No. 23, dated 15.01.2020, and the consequential proceedings based on the compromise dated 05.11.2020.
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. 23, dated 15.01.2020 (Annexure P-1), for the offences punishable under Sections 323, 506, 376, 511, 34 of IPC (Sections 376, 511, 34 of IPC deleted later on), registered at Police Station Sector 31, District Faridabad and final investigation report under Section 173 Cr.P.C. dated 07.03.2020 (Annexure P-2), and all the consequential proceedings arising therefrom, on the basis of compromise dated 05.11.2020 (Annexure P-3).
2. Learned counsel for the petitioner submits that earlier also same complainant had got lodged one FIR No. 196, dated 19.06.2020, registered under Sections 323, 34, 376, 506, 511 of IPC, at Police Station Sector 31, District Faridabad, wherein, Sections 376, 511 & 34 of IPC were deleted later on. The said FIR and the proceedings arising therefrom qua the petitioner herein, has already been quashed vide order dated 04.05.2022, passed in CRM-M-3228-2021, by the coordinate Bench of this Court. Photocopy of the said order dated 04.05.2022, is placed on record by learned counsel for the petitioner, which is taken on record, subject to all just exceptions.
3. He further submits that in the present case also, respondent No.2 (complainant) levelled similar allegations and thereafter, present FIR was registered. Learned counsel for the petitioner refers to the final report dated 07.03.2020, submitted under Sections 173 Cr.P.C., by the police in the present case and pointed out that during the course of investigation Sections 376, 511, 34 of IPC, have been deleted. The relevant translated extract of the said report says as under:-
' That investigation of this case was conducted by ACP Sarai, Sh. Moji Ram, HPS on 25.01.2020 and during investigation the accused Manish Jagga (Jeth) and father-in-law (Om Parkash) have been found innocent and offence under Section 376, 511, 34 IPC have been deleted in the above said case.'
4. Learned counsel for the petitioner further refers to para No.5 of the present petition, which says as under:-
'5. That the petitioner as well as respondent No.2 are living together peacefully and happily at their matrimonial home along with their minor children.'
5. Vide order dated 25.01.2021, 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.
6. Pursuant to the order dated 25.01.2021, passed by this Court, the parties have appeared before learned Judicial Magistrate Ist Class, Faridabad, and as per report dated 01.03.2021, 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:-
' The point wise further reply of the information sought by the Hon'ble High Court is as follows:
1. As per FIR No.73 dated 04.06.2020 and as per statement of respondents No. 2 to 5, six persons namely Sukhwinder Singh son of Nirmal Singh, Manjit Singh son of Avtar Singh, Baldev Singh son of Pritam Singh and Gurdeep Singh son of Baldev Singh are arrayed as accused in the above stated FIR.
2. As per statement of accused persons, no accused is declared as proclaimed offender in any case.
3. As per the statements of the parties, the compromise has been effected between them by their free will, in sound state of mind, without any coercion or undue influence and compromise is genuine and voluntarily.'
7. 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 dated 05.11.2020 (Annexure P-3). At present, there remains no dispute amongst the private parties. He further submits that in view of the co
The main legal point established in the judgment is the court's power to quash proceedings based on a compromise between the parties, in order to prevent abuse of process of law and secure the ends o....
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 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 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 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 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 compromise between the partie....
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 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 court has the power under Section 482 of the Cr.P.C. to prevent abuse of process of law and secure the ends of justice, and can quash criminal proceedings based on a genuine and voluntary comprom....
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