[CASE NUMBER] (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (237) [CASE NUMBER] (O&M) Date of decision: 28.10.2013. [ENTITY] and others Petitioners Versus [ENTITY] and others Respondents CORAM: HON'BLE MRS. JUSTICE [ENTITY] Present: Mr. [ENTITY], Advocate for the petitioners. Mr. [ENTITY], AAG, Punjab. Ms. [ENTITY], Advocate for respondent Nos.2 to 5. [ENTITY], J.
Petitioners have filed this petition under [SECTION] of the Code of Criminal Procedure, 1973 seeking quashing of the FIR No.13 dated 31.01.2013 under [SECTION], [SECTION], [SECTION] and [SECTION] of the [ACT] (in short '[ACT]') and [SECTION] and [SECTION] of the [ACT], registered at Police Station Sadar Ludhiana, District Ludhiana and all the subsequent proceedings arising therefrom in view of the compromise arrived at between the parties.
Learned counsel for the petitioners as well as respondent Nos.2 to 5 have submitted that the FIR in question was result of the property dispute between the parties. However, now parties have amicably settled their dispute.
Respondent Nos.2 to 4 were present in person on 07.10.2013 and had admitted the factum of compromise between the parties and had stated that they have no objection if the FIR in question is ordered to be quashed.
Respondent No.5 is present in person and has admitted the factum of compromise between the parties and has stated that he has no objection if the FIR in question is ordered to be quashed. Affidavits of respondent Nos.2 to 5 in this regard have been placed on record.
As per the Full Bench judgment of this Court in Kulwinder Singh and others vs. [ENTITY], 2007 (3) RCR (Criminal) 1052, High Court has power under [SECTION] [ACT] to allow the compounding of non-compoundable offence and quash the prosecution where the High Court felt that the same was required to prevent the abuse of the process of any Court or to otherwise secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone.
Hon'ble the Apex Court in the case of [ENTITY] vs. [ENTITY] and another 2012 (4) RCR (Crl.) 543, has held as under:-
"57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under [SECTION] of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like [ACT] or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."
In the case of [PRECEDENT], Hon'ble the Apex Court has held as under :-
"5. In light of the above observations of this court in [ENTITY], we feel that this is a case where the continuation of criminal proceedings would tantamount to abuse of process of law because the alleged offences are not heinous offences showing extreme depravity nor are they against the society. They are offences of a personal nature and burying them would bring about peace and amity between the two sides. In the circumstances of the case, FIR No.163 dated 26/10/2006 registered under [SECTION], [SECTION], [SECTION], [SECTION], [SECTION], [SECTION] and [SECTION] of the [ACT] at Police Station Sector 3, Chandigarh and all consequential proceedings arising therefrom including the final report presented under [SECTION] of the Code and charges framed by the trial court are hereby quashed."
Since the parties have arrived at a compromise and have decided to live in peace, no useful purpose would be served in allowing the criminal proceedings to continue.
Accordingly, this petition is allowed. FIR No.13 dated 31.01.2013 under [SECTION], [SECTION], [SECTION] and [SECTION] [ACT] and [SECTION] and [SECTION] of the [ACT], registered at Police Station Sadar Ludhiana, District Ludhiana and all the subsequent proceedings arising therefrom are quashed.
([ENTITY]) JUDGE October 28, 2013.
sandeep sethi