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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AVNEESH JHINGAN, J.
Lakhwinder Kumar and others – Appellants
Versus
State of Punjab and another - Respondents
CRM-M-14293 of 2021, CRM-M-10583 of 2021
Decided on : 06-07-2023
Section 482 - Quashing of FIR - Compromise
Fact of the Case:
The petitions seek quashing of FIR and subsequent proceedings based on a compromise between the parties involved in an incident resulting in mutual injuries.
Finding of the Court:
The court analyzed the compromise, citing relevant legal provisions and precedents, and concluded that the possibility of conviction is remote due to the compromise, and continuing the proceedings would cause oppression and prejudice.
Issues: Quashing of FIR and subsequent proceedings based on compromise
Ratio Decidendi: The court applied the principles under Section 482 of the Code of Criminal Procedure and relevant precedents to assess the genuineness of the compromise and the likelihood of conviction, ultimately deciding to quash the FIR and all consequential proceedings.
Final Decision: The petitions are allowed, and the FIR and all consequential proceedings are quashed based on the genuine compromise between the parties.
JUDGMENT :
AVNEESH JHINGAN, J.
1. These petitions under Section 482 of Code of Criminal Procedure are filed seeking quashing of FIR No. 75 dated 17.10.2018, under Sections 148, 323, 326 IPC read with Section 149 IPC and DDR No.26 dated 8.10.2018 under Sections 148, 323, 379-B, 452 and 506 IPC read with Section 149 IPC, registered at Police Station Qilla Lal Singh, Police District Batala and all subsequent proceedings arising therefrom on the basis of compromise.
2. The FIR of an incident that occurred on 4.10.2018 was registered at the instance of Lovejot Kumar. Both the parties inflicted injuries to each other.
3. The parties with the intervention of respectables have compromised the matter.
4. On 8.3.2021 and 1.4.2021, the parties were directed to appear before the Illaqa Magistrate/trial court for getting their statements recorded with regard to compromise.
5. The report dated 17.4.2021 is received stating that the compromise is genuine, voluntary, without any coercion or undue influence. Further that none of the accused in 1these petitions has been declared as proclaimed offender.
6. Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, has held:-
“There is no statutory bar in Cr.P.C. which affects inherent power of this Court under Section 482. The power of quashing is not limited to matrimonial cases alone.”
7. The Supreme Court in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujarat and another, 2017 AIR (SC) 4843 laid down the broad principles governing the exercise of powers of quashing the FIR. It was held that the power under Section 482 Cr.P.C. is to be exercised by the High Court to secure the ends of justice, to prevent abuse of any process of law and in cases where in view of the compromise the possibility of conviction is remote and continuation of proceeding will cause oppression and prejudice.
8. The parties are from same village. With the intervention of friends and relatives, the parties have decided to forget and forgive and to save their relations to an extent possible. No useful purpose would be served by continuing with the trial. Due to compromise, there are bleak chances of conviction. To meet the ends of justice, the FIR and DDR mentioned above and all consequential proceedings arising therefrom are quashed.
9. The petitions are allowed.
10. Photocopy of the order be placed on the file of connected case.
The court's power under Section 482 of the Code of Criminal Procedure to quash proceedings based on compromise, considering the likelihood of conviction and the ends of justice.
The wide powers of the High Court to quash proceedings under Section 482 of the Cr.P.C. and the principles governing the exercise of such powers, including the evaluation of whether the ends of justi....
The wide ambit of the inherent power of the High Court to prevent an abuse of the process of any court or to secure the ends of justice, and the limitations on quashing serious offences even if the v....
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 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 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 quash proceedings based on a genuine compromise between private parties to prevent abuse of process of law and secure the....
The court can quash criminal proceedings based on a genuine and voluntary compromise between the parties to prevent abuse of process of law and secure the ends of justice.
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 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....
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