Taranjeet Kaur vs State of Punjab - 2023 Supreme(P&H) 2492

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2492

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANOOP CHITKARA, J.
Taranjeet Kaur & Ors. – Petitioners
Versus
State of Punjab & Anr. – Respondents
CRM-M-31059 of 2019
Decided On : 08-02-2023

Advocates Appeared:
Mr. F.S. Virk, Advocate; For the Petitioners
Mr. L.S. Bhullar, Advocate for Respondent No.2.
For the Respondent: Mr. Virat Rana, AAG, Punjab.

Headnote:(A) Criminal Procedure Code, 1973 - Section 482 - Punjab Prevention of Human Smuggling Act, 2012 - Sections 13, 406, 420, 506, 120B IPC - Quashing of FIR - Petitioners sought to quash FIR based on compromise with the aggrieved party; consent provided by aggrieved party before court - Despite state opposition, court found settlement valid; prosecution not serving public interest - Inherent powers under Section 482 invoked to prevent abuse of process of law. (Paras 2, 5, 6, 19)

(B) Compounding of offences - Some non-compoundable offences may be quashed under inherent powers if no chance of conviction is seen - Continuation of the matter deemed futile and counterproductive. (Parag 10)

(C) Importance of public interest - Court noted serious offences involving moral turpitude should not be settled lightly. (Paragraphs 14, 19)

Facts of the case:
Petitioners were accused in an FIR for offences including cheating and human smuggling; parties reached a compromise, and the aggrieved party consented to quash the FIR.

Findings of Court:
Court found that given the nature of the compromise and the lack of public interest in pursuing the case, the FIR and all proceedings were quashed.

Issues: Whether the FIR could be quashed based on the compromise when the aggrieved party consented and there was no public interest at stake.

Ratio Decidendi: The court held that the inherent powers under Section 482 Criminal Procedure Code can quash proceedings even for non-compoundable offences if continuance would lead to an abuse of the process of law and if the matter is settled amicably.

Result: Petition allowed; FIR quashed.

Table of Content
1. petitioners seek quashing of fir based on compromise. (Para 1 , 2 , 3 , 4)
2. court considers merits of compromise despite state opposition. (Para 5 , 6)
3. judicial precedents and reasoning on quashing firs. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18)
4. proceedings quashed, petitions allowed. (Para 19)

JUDGMENT

Anoop Chitkara, J.

FIR No.	Dated	Police Station	Sections
136	14.06.2018	Civil Lines, District Patiala	406, 420, 506, 120B IPC and 13 of PUNJAB PREVENTION OF HUMAN SMUGGLING ACT 2012

The petitioners, arraigned as accused in the above captioned FIR, have 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.

2. During the pendency of the petition, the accused and the aggrieved person have compromised the matter, and its copy is annexed with this petition as Annexure P-2.

3. After that, the petitioners came up before this Court to quash the FIR, and in the quashing petition, impleading the aggrieved person as respondent.

4. On 02.09.2019, the aggrieved person-Baljit Singh (R-2) appeared before the learned JMIC, Patiala and stated that there would be no objection if the court quashes this FIR and consequent proceedings. As per the concerned court's report dated 05.09.2019, the parties consented to the quashing of FIR and consequent proceedings without any threat.

Analysis and 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 Section 13 of PUNJAB PREVENTION OF HUMAN SMUGGLING ACT is not compoundable under Section 320 CrPC. However, in the facts and circumstances peculiar to this case, the prosecution qua the non-compoundable offences can be closed by quashing the FIR and consequent proceedings.

7. In C.B.I., New Delhi v. Duncans Agro Industries Ltd., Calcutta , 1996 (5) SCC 591 , Hon'ble Supreme Court holds,

[26]. After giving our careful consideration to the facts and circumstances of the case and the submissions made by the respective counsel for the parties, it appears to us that for the purpose of quashing the complaint, it is necessary to consider whether the allegation in the complaint prima facie make out an offence or not. It is not necessary to scrutinise whether the allegations are likely to be upheld in the trial. Any action by way of quashing the complaint is an action to be taken at the threshold before evidences are led in support of the complaint. For quashing the complaint by way of action at the threshold, it is, therefore, necessary to consider whether on the face of the allegations, a criminal offen