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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA, J.
Jagsir Singh And Another – Appellant
Versus
State of Punjab And Another – Respondent
CRM-M-25575-2024 (O&M)
Decided on : 20-09-2024
JUDGMENT :
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
71 | 19.04.2023 | City Sangrur, District Sangrur | 420, 406, 465, 467, 468, 471 IPC |
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 persons.
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 -2.
3. After that, the petitioners 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 20.05.2024 the aggrieved person(s) (Respondent no.2), appeared before the Chief Judicial Magistrate, Sangrur and stated that there would be no objection if the Court quashes this FIR and consequent proceedings. The relevant extract of the report of the concerned Court reads as follows:
Name of the reporting Court | Chief Judicial Magistrate, Sangrur |
Criminal Case no. before trial Court | Till date, Challan has not been presented in the Court of undersigned and only FIR has been received. |
1. | Names of the complainant/ victims(s)/ aggrieved persons(s) | Dalwara Singh |
2. | Dates on which the statement(s) of the complainant/ victims(s)/ aggrieved persons(s) were recorded | 29.07.2024 |
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? | Dalwara Singh in his statement recorded on 29.07.2024 in the Court of undersigned has specifically states that he has compromised the matter. |
6. | Names of the accused person(s) | Jagsir Singh, Harwinder Singh, Babli Kaur, Dr. Gopal and one unknown person |
7. | Dates on which the statement(s) of the accused persons(s) recorded | Statement of petitioner Jagsir has been recorded on 29.07.2024 however, petitioner-Harvinder Singh did not turn up to record his statement |
8. | Whether all the accused have compromised the matter? If no, then the names of the accused who have compromised. | Statement of petitioner Jagsir has been recorded on 29.07.2024 however, petitioner-Harvinder Singh did not turn up to record his statement |
9. | Whether proclamation proceedings are pending against any accused? | No |
10. | Has the police report been filed or not? | No |
11. | Notice of accusation /Charges have been framed or not? | No |
12. | Sections of statutes invoked in the matter | Section 420, 406 of IPC and Sections 420, 466, 465, 467, 468, 174 of IPC were added later on 02.05.2023 |
13. | Whether the court is satisfied with the genuineness of the compromise? | Yes, the compromise is arrived between the complainant and petitioner No.1-Jagsir Singh. |
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 jurispruden
The main legal point established in the judgment is the court's authority to quash criminal proceedings based on a compromise, ensuring it aligns with the purpose of criminal jurisprudence and does n....
The exercise of inherent power for quashing the FIR and all consequential proceedings is justified to secure the ends of justice, especially when the compromise is voluntary and not secured through c....
The exercise of inherent power for quashing the FIR and consequent proceedings is justified to secure the ends of justice, especially in cases where there is no chance of recording a conviction again....
The inherent power under Section 482 Cr.P.C. can be exercised to quash proceedings even for non-compoundable offences if the continuance of the prosecution would be an abuse of the process of law, em....
The main legal point established in the judgment is the voluntary nature of the settlement, the reformatory nature of criminal jurisprudence, and the exercise of inherent power for quashing the FIR a....
The voluntary nature of the compromise, absence of coercion, and the reformatory purpose of criminal jurisprudence justified the quashing of the FIR and consequent proceedings.
The main legal point established in the judgment is that the exercise of the inherent power for quashing FIR and all consequential proceedings is justified to secure the ends of justice, and that the....
The main legal point established in the judgment is that the court can quash the FIR and consequent proceedings based on a compromise between the parties, considering the nature of the offences and t....
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