Crl. Misc.No. M- 8411 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc.No. M- 8411 of 2011 (O&M) Date of decision : 27.04.2011 Kapil Kumar Goel ......Petitioner versus State of Punjab and another ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present: Mr. . D.D. Sharma, Advocate for the petitioner. Mr. Vishal Munjal, Addl..A.G., Punjab for respondent No. 1 Mr. Navjeet Singh, Advocate for the complainant/respondent No. 2 **** RITU BAHRI , J. (Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing the FIR No.50 dated 19.03.2010 (Annexure P-1) under Sections 307, 148, 149 of IPC, registered at Police Station Raikot, District Ludhiana (Rural) and all the subsequent proceeding arising therefrom, on the basis of compromise (Annexure P2). Brief facts of the case are that as per the F.I.R, on 18.03.2010 at about 7.30 p.m., Rahul, who studies with younger brother of respondent No. 2 told the complainant that Rakesh Jain @ Sethi had given beatings to him. So, the complainant made a phone call to Rakesh Jain @ Sethi that his son had given beatings to Rahul and Sethi told the complainant that he was in Mahan Kalan and no quarrel has taken place and he further told the Crl. Misc.No. M- 8411 of 2011 (O&M) -2- complainant that they would compromise the matter. Thereafter, Sethi made a call to the complainant and asked him to come to his office for getting effected the compromise. Then, the complainant took Rahul along with him and went to the shop of Sethi. When the complainant reached near the shop at Old bus Stand, Raikot, then Sethi his son Lalit Jain, Nephew Vikas Jain @ Chintu, started giving slaps to Rahul in the presence of the complainant. The complainant tried to separate them from the accused but they with an intention to kill gave kirpan blows on his head. Rakesh Jain accused gave a kirpan blow on the front portion of the complainant head whereas Lalit Jain and Vikas Jain gave kirpan blow on the back portion. The complainant picked up a chair and tried to save himself and Rahul's mother fell down on him, otherwise they would have killed the complainant. Kapil Goel also gave a khanda blow on the left thumb of the complainant.The complainant tried to run away but Daljit Singh gave baseball blows on the his shoulder blades. Mintu gave an iron rod blow above the right thigh of the complainant. The accused, thereafter, fled away from the spot together with their weapons. In the above background, F.I.R was registered by respondent No. 2 against the petitioners. However, during the pendency of investigation, both the parties arrived at a compromise with the intervention of the respectable persons (Annexure P2). As per compromise, the complainant does not want to pursue the matter further against the petitioners and has no objection if the F.I.R is cancelled by the police as well as by the competent Court. Both the parties have further undertaken not to file any Civil or Cirminal case against each other regarding the above said incident Crl. Misc.No. M- 8411 of 2011 (O&M) -3- As per the report of Judicial Magistrate Ist Class, Jagraon (which is on the file of Crl. Misc. No. 1951 of 2011), both the parties appeared before the Court and made their statements. As per the statement of the complainant, he has admitted that he had executed an affidavit in favour of the accused regarding effecting of compromise. Accused Kapil Kumar Goel also appeared in Court for the purpose of getting his statement recorded to authenticate the compromise effected between the parties. From the statements of both the parties, the compromise appears to be genuine. Learned State counsel, on instructions from Head Constable Sahib Singh has informed that the cancellation report has been prepared by the Police in this case. Broad guidelines have been laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) 1052 for quashing the prosecution when parties entered into compromise. The Full Bench has observed that this power of quashing is not confined to matrimonial disputes alone. The relevant portion of the judgment reads as under:- “26. In Mrs. Shakuntala Sawhney v. Mrs. Kaushalya Sawhney and others, (1980)1 SCC 63, Hon'ble Krishna Iyer, J. aptly summoned up the essence of compromise in the following words :- “The finest hour of justice arrived propitiously when parties, despite falling apart, bury the hatchet and weave a sense of fellowship of reunion.” 27. The power to do complete justice is the very essence of every judicial justice Crl. Misc.No. M- 8411 of 2011 (O&M) -4- dispensation system. It cannot be diluted by distorted perceptions and is not a slave to anything, except to the caution and circumspection, the standards of which the Court sets before it, in exercise of such plenary and unfettered power inherently vested in it while donning the cloak of compassion to achieve the ends of justice. No embargo, be in the shape of Section 320(9) if the Cr.P.C., or any other such curtailment, can whittle down the power under Section 482 of the Cr.P.C. 28. The compromise, in a modern society, is the sine qua non of harmony and orderly behaviour. It is the soul of justice and if the power under Section 482 of the Cr.P.C. is used to enhance such a compromise which, in turn, enhances the social emity and reduces friction, then it truly is finest hour of justice”. Disputes which have their genesis in a matrimonial discord, landlord-tenant matters, commercial transactions and other such matters can safely be dealt with by the Court by exercising its powers under Section 482 of the Cr.P.C. in the event of a compromise, but this is not to say that the power is limited to such cases. There can never be any such rigid rule to prescribe the exercise of such power, especially in the absence of any premonitions to forecast and predict eventualities which the cause of justice may throw up during the course of a litigation.” The ratio of the Full Bench judgment is a special reference which has been made to the offences against human body other than murder and culpable homicide where the victim dies in the course of transaction Crl. Misc.No. M- 8411 of 2011 (O&M) -5- would fall in the category where compounding may not be permitted. Heinous offences like highway robbery, dacoity or a case involving clear- cut allegations of rape should also fall in the prohibited category. However, the offences against human body other than murder and culpable homicide may be permitted to be compounded when the Court is in the position to record a finding that the settlement between the parties is voluntary and fair. The Court must examine the cases of weaker and vulnerable victims with necessary caution. The Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429 has examined a case where quashing was sought of an FIR under Section 406 IPC being non-compoundable. The Hon'ble Supreme Court has held that :- “1. No useful purpose would be served in continuing with the proceedings in the light of the compromise – There was no possibility of conviction. 2. It is advisable that in the disputes where question involved is of purely personal nature and no public policy is involved – Court should ordinarily accept the compromise. 3. Keeping the matter alive with no possibility of conviction is a luxury which the Courts, grossly overburdened as they are, cannot afford.” Consequently, in view of the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab (supra), the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and others vs. State of Punjab and another (supra) and law laid Crl. Misc.No. M- 8411 of 2011 (O&M) -6- down by this Court in the case of Parambir Singh Gill v. Malkiat Kaur (supra), FIR No.50 dated 19.03.2010 (Annexure P-1) under Sections 307, 148, 149 of IPC, registered at Police Station Raikot, District Ludhiana (Rural) is quashed with all consequential proceedings arising therefrom qua petitioner. The petition stands disposed of. (RITU BAHRI) JUDGE April 27, 2011 G.Arora