Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 1137

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL, J.
Pardeep Singh & Anr. – Petitioners
Versus
State of Punjab & Anr. – Respondents
CRM-M-18662 of 2023
Decided On : 25-01-2024

Advocates Appeared:
Mr. Gurpreet Singh Bhasin, Advocate; For the Petitioners
Mr. Hemant Aggarwal, AAG, Punjab.
Ms. Harnoor Singh Majithia, Advocate for Respondent No.2.

The court can quash FIRs in non-compoundable offences under Section 482 Cr.P.C. when a genuine compromise is reached between the parties, particularly in matters of a private nature.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petitioners sought quashing of FIR under Section 498A IPC based on a compromise - Court emphasized that jurisdiction under Section 482 is wider and can be exercised in non-compoundable offences of civil nature - Compromise was found to be genuine and voluntary. (Paras 1, 6, 8, 9)

(B) Jurisdiction - The court reiterated that while exercising jurisdiction under Section 482, the nature of the offence and the voluntariness of the compromise must be considered. (Paras 7, 8)

Facts of the case:
Petitioners sought to quash FIR No.0004 dated 20.01.2023 under Section 498A IPC based on a compromise dated 17.03.2023. The complainant stated that the compromise was made voluntarily without coercion. (Paras 1, 3)

Findings of Court:
The court found the compromise genuine and voluntary, allowing the quashing of the FIR. (Paras 8, 9)

Issues: The main issues were the genuineness of the compromise and the nature of the offences involved. (Paras 6, 8)

Ratio Decidendi: The court held that the power under Section 482 Cr.P.C. is broader than Section 320, allowing quashing of FIRs in non-compoundable offences of a civil nature when a genuine compromise exists. (Paras 7, 8)

Result: Petition allowed; FIR quashed.

JUDGMENT

Mr. Sumeet Goel, J.

By way of present petition, the petitioners are seeking quashing of FIR No.0004 dated 20.01.2023 under Section 498A of IPC, registered at Police Station Women Cell, District Malerkotla and all consequent proceedings arising therefrom on the basis of compromise dated 17.03.2023 (Annexure P-2), which is stated to have been effected between the parties.

2. On 17.04.2023, the following order was passed:

"The petitioner(s) filed petition under Section 482 Cr.P.C. for quashing of FIR No.0004 dated 20.01.2023 under Section 498A of IPC registered at Police Station Women Cell, District Malerkotla and all the subsequent proceedings arising there from, qua the petitioner(s), in light of the compromise effected between the parties.

Notice of motion.

On the asking of this Court, Mr. Kunwarbir Singh, Assistant A.G. Punjab accepts notice on behalf of the State.

Mr. Harnoor Singh, Advocate appeared on behalf of respondent No.2 and filed Vakalatnama which is taken on record.

Let the statement of the parties concerned be recorded with regard to the aforesaid compromise on 30.05.2023 before the learned Illaqa/Duty Magistrate, concerned or on any early date convenient to the said Court, In the event of their statements being recorded, the Court will send copies of the same to this Court before the next date of hearing along with its report.

1. The number of accused in the aforesaid FIR and to report whether any of the accused has been declared proclaimed offender or any such proceedings have been initiated or pending against them.

2. Whether the compromise entered between the parties is genuine voluntarily without any coercion or undue influence.

3. Statement of IO regarding involvement of petitioner(s) in any other FIR.

4. Status of the trial pending before the Court.

To await the report, list again on 24.07.2023.

Learned State counsel is directed to file status report on or before the next date of hearing."

3. Pursuant to the aforesaid order, report dated 06.06.2023 from Judicial Magistrate, 1st Class, Malerkotla, has been received, which is taken on record. As per the report, the Trial Court has recorded as follows:-

"It is respectfully submitted that in compliance to directions given by the Hon'ble Punjab and Haryana High Court vide its order dated 17/4/2023 passed in CRM-18662- 2023, statements of parties with regard to compromise were recorded on 30/5/2023 and statement of Investigating Officer ASI Jagroop Singh was also recorded on 30/5/2023

Complainant Jasvir Kaur suffered a statement to the effect that a case bearing FIR No.04 dated 20/1/2023 under Section 498A of IPC was registered at P.S Women Cell, Malerkotla on the basis of complaint made by her against accused Pardeep Singh and Jaswinder Kaur @ Bholi Kaur. A compromise has been effected between her and both the accused. The said compromise has been effected between us voluntarily without any preessure, threat or coercion with her own free Will. In order to prove her identity, she has placed on record copy of her Adhar Card as mark A (original seen and returned) and was identified by Sh. Shakil Mohd., Advocate. She has also pasted her photograph on her statement. She has no objection if the above said FIR be quashed against the accused persons.

Accused Pardeep Singh and Jaswinder Kaur @ Bholi Kaur also suffered separate statements to the effect that a case bearing FIR No.04 dated 20/1/2023 under Section 498A of IPC was registered at P.S Women Cell, Malerkotla, on the basis of complaint made by complainant Javir Kaur against them. A compromise has been effected with the complainant voluntarily without any pressure, threat or coercion with their own Will. In order to prove their identities, they have placed on record copy of their Aadhar Cards as mark B and mark C (original seen and returned) and was identified by Sh. Thomas Bhangari, Advocate. They have also pasted their photographs on their statement. They further stated that above said FIR may kindly be quashed.

In vie