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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANOOP CHITKARA, J.
Tajinder Kumar – Petitioner
Versus
State of Punjab & Anr. – Respondents
CRM-M-26552 of 2024 (O&M)
Decided On : 22-07-2024
JUDGMENT
Mr. Anoop Chitkara, J.
| FIR No. | Dated | Police Station | Sections |
| 194 | 29.7.2018 | Gate Hakima, District Police Commissionerate Amritsar, Punjab. | 323, 341, 427, 506 IPC (Sections 307 and 325 IPC added later on) |
The petitioner(s), arraigned as accused in the above captioned FIR, has come up before this Court under Section 482 CrPC for quashing of the FIR and all consequential proceedings based on the compromise with the aggrieved person(s).
2. During the pendency of the criminal proceedings, the accused and the aggrieved person(s) have compromised the matter, and its copy is annexed with this petition as Annexure P-2.
3. After that, the petitioner(s) came up before this Court to quash the FIR, impleading the aggrieved persons as respondent no. 2.
4. Pursuant to order of this Court dated 24.5.2024, the aggrieved person(s) (R-2) appeared before the Additional District and Sessions Judge, Amritsar and stated that there would be no objection if the Court quashes this FIR and consequent proceedings. The report of concerned Court reads as follows:
| Name of the reporting Court | Additional District & Sessions Judge, Amritsar |
| Criminal Case no. before trial Court | -- |
| 1. | Names of the complainant/ victims(s)/ aggrieved persons(s) | Meenakshi alias Suhani |
| 2. | Dates on which the statement(s) of the complainant/ victims(s)/ aggrieved persons(s) were recorded | 28.5.2024 |
| 3. | Has the identity of the complainant/ victims(s)/ aggrieved persons(s) been verified? | Yes |
| 4. | Whether all the victims/ all the aggrieved persons have compromised the matter? | Yes |
| 5. | Is there pressure, threat, or coercion upon the victim(s)/aggrieved person(s)/complainant? | No |
| 6. | Names of the accused person(s) | Tajinder Singh |
| 7. | Dates on which the statement(s) of the accused persons(s) recorded | 28.5.2024 |
| 8. | Whether all the accused have compromised the matter? | If no, then the names of the accused who have compromised. Yes. There is only one accused |
| 9. | Whether proclamation proceedings are pending against any accused? | No |
| 10. | Has the police report been filed or not? | Yes |
| 11. | Notice of accusation /Charges have been framed or not? | Yes |
| 12. | Sections of statutes invoked in the matter | 307, 325, 323, 341, 427, 506 IPC |
| 13. | Whether the court is satisfied with the genuineness of the compromise? | Yes |
Analysis & Reasoning:
5. Despite the severe opposition of the State's counsel to this compromise, the following aspects would be relevant to conclude this petition: -
a) The accused and the private respondent have amicably settled the matter between them in terms of the compromise deed and the statements recorded before the concerned Court;
b) A perusal of the documents reveal that the settlement has not been secured through coercion, threats, social boycotts, bribes, or other dubious means;
c) The aggrieved person has willingly consented to the nullification of criminal proceedings;
d) There is no objection from the private respondent in case present FIR and consequent proceedings are quashed;
e) In the given facts, the occurrence does not affect public peace or tranquillity, moral turpitude or harm the social and moral fabric of the society or involve matters concerning public policy;
f) The rejection of compromise may also lead to ill will. The pendency of trial affects career and happiness;
g) There is nothing on the record to prima facie consider the accused as an unscrupulous, incorrigible, or professional offender;
h) The purpose of criminal jurisprudence is reformatory in nature and to work to bring peace to family, community, and society;
i) The exercise of the inherent power for quashing FIR and all consequential proceedings is justified to secure the ends of justice.
6. In the present case, the offences under sections 307 of Indian Penal Code, 1860, (IPC) are not compoundable under Section 320 of Code of Crim
AI
The High Court can quash FIRs for non-compoundable offences if a genuine compromise exists and public interest is not adversely affected.
The main legal point established in the judgment is that the court can exercise its inherent power under section 482 CrPC to quash criminal proceedings for non-compoundable offences, considering the ....
The main legal point established in the judgment is the Court's inherent jurisdiction under section 482 CrPC to quash criminal proceedings based on a genuine compromise, absence of coercion or threat....
The main legal point established in the judgment is the principles for quashing criminal proceedings based on compromise, considering the nature of the offences, societal impact, and the possibility ....
The court emphasized the reformatory purpose of criminal jurisprudence and the need to secure the ends of justice in exercising the inherent power for quashing the proceedings based on a compromise.
The main legal point established in the judgment is the need to exercise the power under Section 482 of the Code sparingly and with caution, especially for heinous and serious offences, and to consid....
The main legal point established in the judgment is that the court has the inherent power to quash criminal proceedings based on a compromise between the parties, even if the offences are non-compoun....
The main legal principle established in the judgment is that the inherent power under Section 482 of the Code of Criminal Procedure can be invoked to quash criminal proceedings based on an amicable s....
The Court's decision was based on the principle that the inherent power of the High Court under Section 482 CrPC can be exercised to prevent abuse of the process of any court or to secure the ends of....
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