Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(P&H) 1295

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Harsimran Singh Sethi, J.
Jagmeet Singh & Anr. – Appellants
Versus
State Of Punjab & Ors. – Respondents
Criminal Miscellaneous Petition (M) No. 41589, 44510 of 2021
Decided On : 06-01-2022

Advocates:
R.S. Rangpuri, Advocate, Kirat Singh Sidhu, Advocate, Nagar Singh, Advocate

The genuineness and voluntariness of a compromise, absence of proclaimed offenders, and lack of other pending criminal cases against the accused are crucial factors in deciding whether to quash an FIR based on a compromise.

Headnote:
quashing - Criminal Procedure - Indian Penal Code, 1860 (Sections 324, 323, 506, 34, 325, 326) - The court allowed the preponement of the hearing of the main petition and subsequently quashed the FIR and all subsequent proceedings based on the compromise entered into between the parties.
Fact of the Case:

The petitioners sought to quash FIR No.160 dated 10.09.2021, under various sections of the Indian Penal Code, based on a compromise between the parties.
Finding of the Court:

The court found that the compromise between the parties was genuine and voluntary, and none of the accused were proclaimed offenders with no other pending criminal cases against them. The court allowed the quashing of the FIR based on the compromise.
Issues: The main issue was whether the FIR should be quashed based on the compromise entered into between the parties.
Ratio Decidendi: The court considered the genuineness and voluntariness of the compromise, the absence of proclaimed offenders among the accused, and the lack of other pending criminal cases against the accused in allowing the quashing of the FIR.
Final Decision: The court quashed the FIR and all subsequent proceedings based on the compromise entered into between the parties, subject to the payment of Rs.15000/- as cost.

JUDGMENT

Harsimran Singh Sethi, J. - CRM-44510-2021

Present application has been filed for preponing the date of hearing of the main petition i.e. CRM-M-41589-2021, which now stands adjourned to 07.03.2022.

Notice of the application to the counsel opposite.

2. Mr. Kirat Singh Sidhu, learned Deputy Advocate General, Punjab, who has joined the proceedings through video conference, accepts notice on behalf of respondent-State and Mr. Nagar Singh, Advocate, who has also joined the proceedings through video conference, accepts notice on behalf of respondents No. 2 and 3 and they have no objection for the grant of the prayer as raised in the present application.

3. Keeping in view the averments made in the application, which are duly supported by an affidavit, the application is allowed and hearing the main petition i.e CRM-M-41589-2021 is preponed from 07.03.2022 to today.

CRM-M-41589-2021

4. In the present petition, the prayer of the petitioners is for quashing of FIR No.160 dated 10.09.2021, Annexure P-1, under Sections 324, 323, 506 and 34 of the Indian Penal Code, 1860 (Sections 325 and 326 of IPC were added later on), registered at Police Station Kotbhai District Sri Muktsar Sahib and all other subsequent proceedings arising therefrom, on the basis of compromise entered into between the parties.

5. The Coordinate Bench of this Court while issuing notice of motion on 05.10.2021 had passed the following order:-

"Instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.160 dated 10.09.2021, Annexure P-1, under Sections 324, 323, 506 and 34 of the Indian Penal Code, 1860 (Sections 325 and 326 of IPC were added later on), registered at Police Station Kotbhai District Sri Muktsar Sahib along with all subsequent proceedings arising therefrom, on the basis of compromise dated 25.09.2021, Annexure P-2.

Counsel for the petitioners submits that FIR is outcome of a dispute between the brothers over a petty issue, which has been settled by virtue of compromise, Annexure P-2. By referring to para 10 of the petition, counsel submits that the petitioners have not been declared as proclaimed offender.

Notice of motion.

On asking of the Court, Mr. Karanbir Singh, AAG, Punjab accepts notice on behalf of State-respondent No.1. Mr. Nagar Singh, Advocate has put in appearance and accepts notice on behalf of respondents No.2 and 3 and has admitted the factum of compromise between the parties.

The parties and the Investigating Officer are directed to appear before the Illaqa Magistrate/trial Court on 18.11.2021 or on any date within a fortnight thereafter as fixed by the trial Court, for getting their statements recorded with regard to the compromise. The Illaqa Magistrate/trial Court shall submit the report on or before the next date of hearing. The report be forwarded to this Court specifying the following:-

1. the number of accused arraigned in the FIR and how many have appeared before it and have made statements and whether any accused is absconding/P.O. in the case;

2. the name of the complainant and injured/aggrieved and whether all of them have appeared and made their statements in support of the compromise;

3. the stage of trial/proceedings;

4. if the compromise is genuine, voluntary and out of free will of the parties;

5. whether any other criminal case is pending against the accused.

Report of the Illaqa Magistrate/trial Court be awaited for 07.03.2022."

6. A report has come from Judicial Magistrate Ist Class, Gidderbaha, addressed to the Registrar General of this Court dated 06.12.2021 along with the statements of the accused-petitioners as well as the complainant which have been recorded. As per the said report, the compromise between the parties is bona fide and is not a result of any pressure or coercion on any of the parties to the compromise and none of the accused has been declared as proclaimed offender and no other criminal proceedings are pending against them. The relevant part of the said r

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