256 [CASE NUMBER]) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH [CASE NUMBER]) Date of decision: - 17.12.2019 AJAYPAL SINGH Petitioner Versus STATE OF PUNJAB AND OTHERS Respondents CORAM: HON'BLE MR. JUSTICE [ENTITY] Present:- Mr. [ENTITY], Advocate for the petitioner. Mr. [ENTITY], AAG, Punjab. Mr. [ENTITY], Advocate for respondents No. 2 and 3. [ENTITY], J. (ORAL)
Prayer in this petition under [SECTION] [ACT] is for quashing of FIR No. 95 dated 04.04.2015, registered at Police Station Patti, District Tarn Taran, under [SECTION], [SECTION], [SECTION], [SECTION] and [SECTION] [ACT], on the basis of compromise dated 29.09.2019 (Annexure P-2) alongwith all the subsequent proceedings arising therefrom.
Vide orders dated 15.10.2019, the the parties were directed to get their statements recorded with regard to the compromise. The Illaqa/Duty Magistrate was directed to record the statements of the parties with regard to the genuineness and voluntary nature of the 1 of 5 compromise.
In compliance thereof, the Sub-Divisional Judicial Magistrate, Patti, has submitted a consolidated report vide letter dated 13.12.2019 which indicates that the parties appeared before the Magistrate and got recorded their respective statements with regard to the validity of the compromise. As per the report, the Sub-Divisional Judicial Magistrate, Patti, is satisfied that the compromise arrived at between the parties is genuine, valid and without any pressure or coercion.
Moreover, the learned counsel for the petitioner is relying upon the judgment passed by Coordinate Bench of this Court in 'Parambir Singh Gill Vs. Malkiat Kaur' 2010(1) R.C.R.(Criminal)
256. The Hon'ble Full Bench of this Court in case [PRECEDENT] and Hon'ble Division Bench of this Court in case [PRECEDENT] observed that compounding of offence can be allowed even after conviction, during proceedings of the appeal against conviction pending in Sessions Court and in case of involving non-compoundable offence.
The Hon'ble Apex Court in the case of [PRECEDENT] has held as under:-
"57. The position that emerges from the above discussion 2 of 5 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 predominatingly 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 personnel in nature 3 of 5 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."
The same view has been reiterated by Hon'ble the Apex Court in case [PRECEDENT].
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, the petition is allowed. FIR No. 95 dated 04.04.2015, registered at Police Station Patti, District Tarn Taran, under [SECTION], [SECTION], [SECTION], [SECTION] and [SECTION] [ACT], on the basis of compromise 4 of 5 dated 29.09.2019 (Annexure P-2) alongwith all the subsequent proceedings arising therefrom, is quashed qua the petitioner.
Needless to say that the parties shall remain bound by the terms of compromise and their statements made in the Court below.
([ENTITY]) JUDGE 17.12.2019 [ENTITY] Whether reasoned/speaking? Yes/No Whether reportable? Yes/No 5 of 5