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2022 Supreme(P&H) 1610
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Jasgurpreet Singh Puri, J.
Jaswant Singh – Appellant
Versus
State Of Punjab & Anr. – Respondents
CRM-M-42791-2019 (O&M)
Decided On : 11-02-2022
Mr. Kamal Narula, Advocate, for the Appellant; Mr. C.L.Pawar, Sr. DAG, Punjab.; Mr. Munish Gulati, Advocate, for the Respondent
The power under Section 482 Cr.P.C. for quashing of FIR based upon compromise must be exercised with due care and caution, considering the seriousness and magnitude of the allegations, especially in cases involving serious offences.
Headnote:
Section 482 Cr.P.C. - Quashing of FIR - Financial Dispute - 420 IPC - [Financial Dispute, Quashing of FIR, Section 420 IPC] - An FIR can be quashed based upon compromise when the Court is satisfied that in case further prosecution is carried on, it will amount to abuse of process of law. The power under Section 482 Cr.P.C. has to be exercised with due care and caution and FIR cannot be quashed merely on the basis of the fact that the matter has been compromised between the parties and the offence involved is only under Section 420 IPC. The seriousness and magnitude of the allegations is so large that there can be no occasion to quash the FIR based upon compromise.
Fact of the Case:
The petitioner filed a petition under Section 482 Cr.P.C. for quashing of F.I.R. No.124 dated 28.7.2018, under Section 420 IPC, registered at Police Station Guruharsahai, District Ferozepur and all the consequential proceedings arising therefrom on the basis of a compromise dated 31.7.2019. The petitioner argued that the matter is still at the investigation stage and challan has not been presented, and it is a case of financial dispute between the parties which has been settled by way of compromise. The State opposed the quashing of the FIR based upon compromise, stating that the allegations in the FIR are serious in nature and it is not a fit case for quashing based upon compromise.
Finding of the Court:
The Court found that the seriousness and magnitude of the allegations in the FIR are so large that there can be no occasion to quash the FIR based upon compromise. The Court also noted that the reply on behalf of respondent No.2 was filed by the counsel and not by respondent No.2 himself, and the same has not been supported by any affidavit. Consequently, the Court dismissed the petition, finding no merit in it.
Issues: The main issue was whether the FIR could be quashed based upon compromise in a case involving a financial dispute and allegations under Section 420 IPC.
Ratio Decidendi: The power under Section 482 Cr.P.C. for quashing of FIR based upon compromise has to be exercised with due care and caution. The seriousness and magnitude of the allegations must be considered, and the FIR cannot be quashed merely on the basis of the fact that the matter has been compromised between the parties, especially in cases involving serious offences.
Final Decision: The Court dismissed the petition, finding no merit in it, and held that the FIR cannot be quashed based upon compromise in the present case.
JUDGMENT
Jasgurpreet Singh Puri, J. (Oral) - The present petition has been filed under Section 482 Cr.P.C. for quashing of F.I.R. No.124 dated 28.7.2018, under Section 420 IPC, registered at Police Station Guruharsahai, District Ferozepur and all the consequential proceedings arising therefrom on the basis of compromise dated 31.7.2019 (Annexure P-1) stated to be effected between the parties.
2. It has been submitted by the learned counsel for the petitioner that the matter is still at the investigation stage and challan has not been presented in the present case. It is a case of financial dispute between the parties i.e. the petitioner and respondent No.2 and the matter has been settled by way of compromise vide Annexure P-1 and therfore, the present FIR may be quashed based upon aforesaid compromise. He has also submitted that respondent No.2 is also being represented in this Court by Mr.Munish Gulati, Advocate and reply has also been filed by the learned counsel for respsondent No.2 by stating that the matter has been compromised between the parties vide Annexure P-1.
3. Mr.C.L.Pawar, learned senior DAG, Punjab, appearing on behalf of respondent No.1 - State has submitted that reply by way of affidavit has been filed in pursuance of the order passed by this Court. While referring to the reply filed by the State, learned State counsel has submitted that allegations contained in the FIR are serious in nature and it is not a fit case for quashing of the FIR based upon compromise. He while referring to the reply has further submitted that FIR is of the year 2018 and thereafter, investigation was conducted by the prosecution and challan under Section 173 Cr.P.C. was prepared but the same could not be presented to the Court despite repeated reminders to the petitioner for the purpose of presenting the challan before the Court. Furthermore, the prosecution is not aware with regard to the compromise between the parties. The learned State counsel has further submitted that the State has serious objection to the quashing of the FIR even if based upon compromise in view of the nature and gravity of the offence involved in the present case and therefore, he has opposed the quashing of FIR based upon compromise. Learned State counsel, on instructions, has further pointed out that the petitioner is a serving Constable in Punjab Police in the Deartment of P.A.P.
4. I have heard the learned counsel for the parties.
5. Before proceeding further, the contents of the FIR as translated by the petitioner are reproduced as under:-
"TO, The SSP, Sahib Ferozepur,
Subject: - application against Jaswant Singh son of Darshan Singh, resident of Rao Ke Hithar, Police Employee Belt No.518, now posted at Chandigarh.
Sir it is requested that I Bakshish Singh son of Tehal Singh, r/o village Rana Panj Grain, Police Station Guruharsahai, Distt. Ferozepur. That in the year 2012, one FIR registered against me at Police Station Guruharsahai, in which in 2014 my bail was granted. That Jaswinder Singh son of Resham Singh, r/o Chak Swa Wala, is runing a school near to our village who introduce me with the above said Jaswant Singh and the above said Jaswant Singh said to me that I have close relations with Judge J.S. Mehrok, Ferozepur. I will be acquit you from this case, for that above said Jaswant Singh demand Rs.30 lacs in advance and I came in his talk and lease my one acre land to Bakshish Singh son of Tehal Singh, r/o Rana Panj Grain an amount of Rs.3,50,000/- and in this lease Kashmir Singh son of Bikka Singh, Mall Sigh son of Mohan Singh and Jeet Singh son of Nambardar r/o Rai Ke Uttar were the witnesses. That in May 2014, I hand over amount of Rs.3 lacs to Jaswant Singh through Master Jaswinder Singh, in the presence of Gurnam Singh son of Lal Singh, r/o Rao Ke Uttar, Roshan Singh son of Jagga Singh, r/o Issa Panj Grain, Paramjit Singh son of Kashmir Singh, r/o Issa Panj Grain, in the school to the above said Jaswant Singh, but the said Jaswant Singh has not acqu
