IN THE HIGH COURT OF PUNJAB AND HARYANA
SUMEET GOEL, J.
Earndeep Kaur @ Irandeep Kaur & Anr. - Appellants
Versus
State of Punjab & Anr. - Respondents
CRM-M No. 13795 of 2024
Decided On : 24-01-2025
| Table of Content |
|---|
| 1. factual background of the fir and the situation. (Para 1 , 2) |
| 2. arguments regarding compromise and its implications. (Para 3) |
| 3. court's analysis of the nature of the case and previous rulings. (Para 4 , 6 , 8 , 9) |
| 4. court's analysis of the legal implications and precedents related to quashing. (Para 5) |
| 5. legal principles concerning quashing firs under section 306 ipc. (Para 7 , 10 , 11 , 12 , 14) |
| 6. decision to dismiss the petition and implications. (Para 16 , 17) |
JUDGMENT :
Mr. Sumeet Goel, J.
The present petition has been preferred by the accused, under Section 482 of Code of Criminal Procedure, 1973 for quashing of FIR No.0041 dated 03.11.2023 (hereinafter to be referred as the impugned FIR) registered under Sections 306 /34 of IPC at Police Station GRP, District Patiala, Punjab as also proceedings subsequent thereto on the basis of compromise deed dated 11.03.2024 (copy whereof has been appended as Annexure P-2 with the present petition).
2. The gravamen of the impugned FIR is that the complainant namely Shakuntla Singhi w/o late Baldev Krishan, R/O H. No. 212-A, Gurdeep Colony, Street No. 02, Ablowal, District Patiala, aged 62 years alleged that she is a homemaker and residing at the aforesaid address. She further alleged that her marriage with late Sh. Baldev Krishan took place in the year 1979 and we had two children; elder daughter namely Ritu Singhi being married to Naresh Batta of Rajpura and her younger son namely Manish Singhi being married to Irandeep Kaur of Tripri, Patiala, 11 years ago. However, on account of COVID-19, their younger son namely Manish Singhi passed away in the year 2021, leaving behind a seven year-old son. After death of the Manish, the complainant stayed with my daughter-in-law namely Irandeep Kaur and grandson. However, the behavior of her daughter- in-law towards the complainant and her husband was often staying aloof and she often disrespected them. On multiple occasions, she brought one Rupesh Kumar, an unrelated man, to the house of the complainant. When the complainant confronted her, she used abusive language and claimed ownership of the house. On 25.10.2023, the daughter-in-law of the complainant namely Irandeep Kaur locked herself in a room with the aforesaid Rupesh Kumar. On 26.10.2023, when she was confronted by the family members, she stated that this was her house and asked the complainant to leave. She also sold the car of her late son and had transferred Rs. 80 lakhs from his account to her account without sharing any details thereof with the complainant. It was further alleged that, on 31.10.2023, the aforesaid Rupesh Kumar began installing cameras in the house without the consent of the complainant and her husband. Upon protest, both the accused i.e. her daughter-in-law namely Irandeep Kaur and Rupesh Kumar insulted the complainant and her husband and told us to leave or die. These events caused immense stress to the husband of the complainant. On 02.11.2023, overwhelmed by the harassment and mental torture, the husband of the complainant attempted suicide by jumping in front of a train at Rajpura Railway Station whereinafter he was admitted to PGIMER, Chandigarh where he succumbed to his injuries on the same day. The complainant has further alleged that her daughter-in-law namely Irandeep Kaur and Rupesh Kumar were responsible for the death of her husband on account of the mental harassment and humiliation caused by them. Based on these set of allegations, the impugned FIR was got registered.
3. Learned counsel for the petitioners has argued that the petitioners have been falsely implicated into the impugned FIR whereinafter the Police has even put up the challan (final report) on 04.05.2024. Learned counsel for the petitioners has submitted that a compromise was entered into between the petitioners and the FIR-complainant (wife of the deceased) on 11.03.2024, relevant whereof reads as under: -
Gian Singh vs. State of Punjab and another
Narinder Singh vs. State of Punjab
Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. Vs. State of Gujarat and anr.
Quashing of FIR under Section 306 IPC based on compromise is impermissible as such offenses are grave and non-compoundable, impacting societal interests.
The FIR under Section 304-A cannot be quashed based on compromise, given the serious nature of the offence and its societal implications.
(1) Abetment of suicide – Even an indirect act of incitement to commission of suicide would constitute offence of abetment of suicide under Section 306 of IPC.(2) Criminal prosecution, if otherwise j....
The court can quash FIRs for non-compoundable offences under Section 482 CrPC if the parties have compromised and the circumstances do not involve public interest or serious moral turpitude.
Offences under Section 307 IPC are serious and heinous, lacking the possibility of being quashed based on private compromise. Hence, societal interest in prosecuting such crimes prevails.
The main legal point established in the judgment is the validity of quashing criminal proceedings based on a genuine and valid compromise, considering the nature of the offences and the impact on pub....
The court's decision emphasized the voluntary nature of the compromise, the impact of the offences on public peace and moral fabric of society, and the exercise of inherent power under section 482 Cr....
The High Court cannot quash criminal proceedings for serious offences like abetment of suicide based on a settlement, as such crimes impact society and require trial.
The main legal point established is that the inherent power under Section 482 Cr.P.C can be used to quash proceedings based on a compromise, even for non-compoundable offences, if it serves the ends ....
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