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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sanjay Vashisth, J.
Navdeep Singh & Ors. – Appellants
Versus
Harjinder Singh & Anr. – Respondents
CRM-M-24023-2021
Decided On : 15-09-2022
Compromise - Criminal Litigation - Section 465, 467, 468, 471, 419, 420, 406, 341, 506, 120-B IPC - The court quashed the complaint and consequential proceedings based on a genuine compromise between the parties. The legal principles of exercising powers under Section 482 of the Cr.P.C. were applied, emphasizing the essence of compromise, prevention of abuse of process of law, and securing the ends of justice.
Fact of the Case:
The petitioners sought quashing of a complaint and summoning order pending in the Court, based on a compromise between the parties. The affected parties voluntarily entered into a compromise, and the complainant agreed to quash the complaint and subsequent proceedings.
Finding of the Court:
The court found that the pendency of the criminal litigation would be an abuse of process of law, considering the genuine compromise and the bleak chances of conviction. The court allowed the petition and quashed the complaint and consequential proceedings, subject to the payment of costs.
Issues: The main issue was whether the court should quash the complaint and consequential proceedings based on a genuine compromise between the parties.
Ratio Decidendi: The court applied the legal principles of exercising powers under Section 482 of the Cr.P.C., emphasizing the essence of compromise, prevention of abuse of process of law, and securing the ends of justice. It considered the judgments in the cases of Gian Singh, Ramgopal, and Kulwinder Singh to reach its decision.
Final Decision: The petition was allowed, and the complaint and consequential proceedings were quashed based on the genuine compromise between the parties, subject to the payment of costs.
JUDGMENT
Sanjay Vashisth, J. - Present petition, under Section 482, Cr.P.C., filed by petitioners, namely, Navdeep Singh, Rupinder Kaur, Daljit Kaur and Lakhwinder Singh, seeks quashing of Complaint bearing No. COMP 229, dated 2015, Resd. No. 76, dated 04.11.2015, titled as 'Harjinder Singh Versus Navdeep Singh & Others (Annexure P-1), pending in the Court of learned Judicial Magistrate Ist Class, Nabha, as also summoning order dated 03.12.2016 (Annexure P-2) and all the consequential proceedings arising therefrom, on the basis of compromise dated 26.03.2021 (Annexure P-4).
2. Vide order dated 13.05.2022, the affected parties were directed to appear before the learned Illaqa Magistrate/trial Court, for getting their respective statements recorded with regard to the compromise. The said Court was also directed to send a report containing the information as detailed in the said order.
3. In compliance thereof, the affected parties did appear before learned Judicial Magistrate Ist Class, Nabha, and got recorded their respective statements with regard to the compromise. The relevant extract of the report sent by learned Court below, vide Memo. No. 258, dated 04.07.2022, reads as under:
'......the accused namely Navdeep Singh, Rupinder Kaur, Daljit Kaur and Lakhwinder Singh appeared on 25.05.2022 before the Court of the undersigned and they got their statements recorded to the effect that the matter has been compromised between them and complainant, Harjinder Singh with the intervention of the respectable and relatives. Harjinder Singh complainant has made a statement that as per the compromise he does not want to proceed against any of the accused in the aforesaid complaint and he has been paid Rs. 8,25,000/- as per compromise. Copy nof the said compromise dated 26.03.2021 is placed in the petitioner pending in the Hon'ble Punjab & Haryana High Court Chandigarh for quashing the present complaint, order of proclaimed offender passed against accused Lakhwinder Singh was declared as a proclaimed offender vide order dated 15.11.2018 and charge was framed against other accused persons. Photostat copy of the said compromise is Ex. C1. Complainant Harjinder Singh has agreed for quashing the present complaint and subsequent proceedings arisen out of the same complaint against them. Now the aforesaid Lakhwinder Singh who was declared as proclaimed offender on 15.11.2018 by the Trial Court, has arrived in India. Accused Surjit Kaur has already expired on 22.12.2015. The accused persons are not involved in any other criminal case. The present compromise between them and complainant is genuine, voluntary and without any coercion or undue influence. Rather the same is settled amicably. Copies of Adhaar Cards of accused Navdeep Singh, Rupinder Kaur, Daljit Kaur and Lakhwinder Singh are attached as Ex. C2 to Ex.C5. Complainant Harjinder Singh also appeared on 25.05.2022 before the Court of the undersigned and he got his statement recorded to the effect that he has filed the present complaint against the accused Navdeep Singh, Rupinder Kaur, Daljit Kaur, Surjit Kaur (now deceased) and Lakhwinder Singh under Section 465, 467, 468, 471, 419, 420, 406, 341, 506, 120-B IPC Police Station Bhadson. Accused Surjit Kaur died on 22.12:2015. Accused Navdeep Singh, Daljit Kaur and Rupinder Kaur were summoned by the Trial Court vide order dated 6.10.2016 and accused Lakhwinder Singh had gone to Australia and he was declared as proclaimed offender vide order dated 15.11.2018 by the Trial Court. Now said Lakhwinder Singh has come back to India and he is present in the Court today. With the intervention of respectables and relatives, a compromise has been effected between him and the above said accused persons and the compromise was reduced into writing on 26.03.2021, which also bears his signatures and the copy of the said compromise has been placed in the quashing proceedings pending before the Hon'ble Punjab and Haryana High Court, Chandigarh for quashing the pr
The main legal point established in the judgment is the application of the legal principles under Section 482 of the Cr.P.C., emphasizing the essence of compromise, prevention of abuse of process of ....
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 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....
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 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 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 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 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 proceedings based on a genuine compromise between private parties to prevent abuse of process of law and secure the....
The voluntary nature of the compromise, absence of coercion, and the impact on public interest are crucial factors in deciding to quash criminal proceedings based on compromise.
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