Kamma and others v. State of Punjab
Case Details
CRA-S-2512-SB-2007 CRA-S-2544-SB-2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 758 Date of decision: 07.05.2025 1. CRA-S-2512-SB-2007 (O&M) Karamjit Singh @ Kamma and others Versus State of Punjab 2. CRA-S-2544-SB-2007 (O&M) Gurmukh Singh State of Punjab Versus ....Appellants ....Respondent ....Appellant ....Respondent
Legal Reasoning
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. A.D.S. Sukhija, Advocate and Mr. Sukhdeep Singh, Advocate for the appellants in appeal No.CRA-S-2512-SB-2007. Mr. Sandeep Arora, Advocate in CRA-S-2544-SB-2007. Mr. Rishabh Singla, AAG, Punjab. Mr. Ravi Malhotra, Advocate for respondent No.2. HARPREET SINGH BRAR J. (Oral) 1. Vide this common order, I intend to dispose of CRA-S- 2512-SB-2007 and CRA-S-2544-SB-2007, as common questions of law and facts are involved for adjudication. 2. Prayer in both these appeals is for setting-aside the judgment of conviction and order of sentence dated 06.12.2007, passed by learned Additional Sessions Judge, Jalandhar in FIR No.56 dated MOHD YAKUB 2025.05.13 12:09 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh CRA-S-2512-SB-2007 CRA-S-2544-SB-2007 2 06.04.2004 registered under Sections 307, 308, 326, 325, 323, 450, 148, 149 IPC at Police Station Adampur, vide which the appellants therein were convicted under Sections 326, 325 read with Section 34 IPC and Sections 323 and 450 IPC sentenced as follows:- Sr. No. Name of Convict Under Sentence 1. Balwinder Singh 326 IPC Sections 2. Karamjit Singh, Ramandeep Singh and Gurmukh Singh 326 IPC read with Section 34 IPC 3. Karamjit Singh 325 IPC 4. Balwinder Singh, Ramandeep Singh and Gurmukh Singh 325 IPC read with Section 34 IPC 5. Ramandeep Singh 325 IPC MOHD YAKUB 2025.05.13 12:09 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh To undergo rigorous imprisonment for a period of 03 years and to pay a fine of Rs.1,500/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of 06 months. To undergo rigorous imprisonment for a period of 03 years each and to pay a fine of Rs.1,500/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of 06 months each. To undergo rigorous imprisonment for a period of 02 years and to pay a fine of Rs.1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of 06 months. To undergo rigorous imprisonment for a period of 02 years each and to pay a fine of Rs.1,000/- each and in default of payment of fine, to further rigorous undergo imprisonment for a period of 06 months each. To undergo rigorous CRA-S-2512-SB-2007 CRA-S-2544-SB-2007 3 imprisonment for a period of 02 years and to pay a fine of Rs.1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of 06 months. To undergo rigorous imprisonment for a period of 02 years each and to pay a fine of Rs.1,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of 06 months each. To undergo rigorous imprisonment for a period of 02 years and to pay a fine of Rs.1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of 06 months. To undergo rigorous imprisonment for a period of 02 years each and to pay a fine of Rs.1,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of 06 months each. 6. Balwinder Singh, Karamjit Singh and Gurmukh Singh 325 IPC read with Section 34 IPC 7. Gurmukh Singh 325 IPC Balwinder Singh, Singh Karamjit and Ramandeep Singh 325 IPC read with Section 34 IPC 8. 9. Balwinder Singh, Singh, Karamjit Gurmukh Singh and Ramandeep Singh 323 IPC each To undergo rigorous imprisonment for a period of 06 months each and to pay a fine of Rs.500/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of 01 month each. 10. Balwinder Singh, Singh, Karamjit Gurmukh Singh 450 IPC each To undergo rigorous imprisonment for a period of 02 years eachand to MOHD YAKUB 2025.05.13 12:09 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh CRA-S-2512-SB-2007 CRA-S-2544-SB-2007 4 and Ramandeep Singh pay a fine of Rs.1,000/- each and in default of payment of fine, to further rigorous undergo imprisonment for a period of 01 month each. It was ordered that all the sentences shall run concurrently. 3. On 07.04.2025, the following order was passed by this Court:- CRM-13816-2025 This is an application filed under Section 528 BNSS, 2023 for listing the main case for an actual date of hearing. For the reasons mentioned in the application, the same is allowed. Main case is ordered to be taken on board today itself. MAIN CASE On 25.03.2025, the following order was passed in CRM-11593- 2025 : “This application has been filed under Section 528 of BNSS seeking quashing of FIR No.56 dated 06.04.2024 under Sections 307, 325, 323, 452, 148, 149 of the Indian Penal Code, 1860, registered at Police Station Adampur, District Jalandhar and all the consequential proceedings emanating therefrom, including the judgment of conviction and the order of sentence dated 06.12.2007, on the basis of compromise/affidavit dated 26.07.2022 (Annexure A-1). Learned counsel for the applicants-appellants submits that the complainant was only the informant and real victim is Jaspal Singh @ Soni, who suffered MOHD YAKUB 2025.05.13 12:09 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh CRA-S-2512-SB-2007 CRA-S-2544-SB-2007 5 injuries. Now with the intervention of respectables of the society, a compromise by way of affidavit (Annexure A-1) has been effected between the parties. To be heard along with the main case.”
Decision
In view of the above, adjourned to 07.05.2025. In the meanwhile, the parties are directed to appear before the learned trial Court/Illaqa Magistrate within two weeks from today or any other date convenient to the trial Court/Illaqa Magistrate, to get recorded their statements regarding compromise and after recording their statements, learned trial Court/Illaqa Magistrate is directed to send report regarding the genuineness of compromise and also to intimate whether any PO proceedings are pending against any of the party on or before the date fixed. A copy of the order be sent to learned trial Court/Illaqa Magistrate through fax for compliance.” 4. In compliance of the aforesaid order, a report has been received from the concerned jurisdictional Court that the compromise effected between the parties is genuine and arrived at without any pressure or coercion from anyone. 5. Learned counsel for the appellants, inter alia, contends that a compromise has already been affected between the parties with the intervention of the respectables of the society. The statements made by the parties with regard to compromise, have been duly recorded by the learned Court below. He further contends that the complainant was only the informant, who had already passed away and the real victim Jaspal Singh @ Soni (respondent No.2), is the son of the complainant, who MOHD YAKUB 2025.05.13 12:09 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh CRA-S-2512-SB-2007 CRA-S-2544-SB-2007 6 suffered the injuries. The respondent No.2 has appeared before the learned Court below and made a statement in terms of the compromise arrived at between the parties. As such, learned counsel for the appellants prays that the judgment of conviction and order of sentence dated 06.12.2007 be set-aside qua the appellants. Reliance in this regard is placed on the judgment rendered by the Hon’ble Supreme Court in Ramgopal and another vs. State of Madhya Pradesh, 2021 (4) R.C.R. (Criminal) 322. 4. Learned State counsel assisted by learned counsel for respondent No.2, affirms the factum of compromise arrived at between the parties. 5. I have heard learned counsel for the parties and perused the record with their able assistance. 6. A two Judges Bench of Hon’ble Supreme Court in Ramgopal’s case (supra), speaking through Justice Surya Kant, has held that non-compoundable criminal cases of predominantly private nature can be quashed under Section 482 Cr.P.C. even if compromise is reached after conviction. The relevant parts of the said judgment are reproduced as under:- “19. We thus sum-up and hold that as opposed to Section 320 Cr.P.C. where the Court is squarely guided by the compromise between the parties in respect of offences ‘compoundable’ within the statutory framework, the extra- ordinary power enjoined upon a High Court under Section 482 Cr.P.C. or vested in this Court under Article 142 of the Constitution, can be invoked beyond the metes and bounds of Section 320 Cr.P.C. Nonetheless, we reiterate that such powers of wide amplitude ought to be exercised carefully in MOHD YAKUB 2025.05.13 12:09 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh CRA-S-2512-SB-2007 CRA-S-2544-SB-2007 7 the context of quashing criminal proceedings, bearing in mind: (i) Nature and effect of the offence on the conscious of the society; (ii) Seriousness of the injury, if any; (iii) Voluntary nature of compromise between the accused and the victim; & (iv) Conduct of the accused persons, prior to and after the occurrence of the purported offence and/or other relevant considerations. 20. Having appraised the afore-stated para-meters and weighing upon the peculiar facts and circumstances of the two appeals before us, we are inclined to invoke powers under Article 142 and quash the criminal proceedings and consequently set aside the conviction in both the appeals. We say so for the reasons that: Firstly, the occurrence(s) involved in these appeals can be categorized as purely personal or having overtones of criminal proceedings of private nature; Secondly, the nature of injuries incurred, for which the Appellants have been convicted, do not appear to exhibit their mental depravity or commission of an offence of such a serious nature that quashing of which would override public interest; Thirdly, given the nature of the offence and injuries, it is immaterial that the trial against the Appellants had been concluded or their appeal(s) against conviction stand dismissed; Fourthly, the parties on their own volition, without any coercion or compulsion, willingly and voluntarily have buried their differences and wish to accord a quietus to their dispute(s); Fifthly, the occurrence(s) in both the cases took place way back in the years 2000 and 1995, respectively. There is nothing on record to evince that either before or after the purported compromise, any untoward incident transpired between the parties; Sixthly, since the Appellants and the complainant(s) are residents of the same village(s) and/or work in close vicinity, the quashing of criminal proceedings will advance peace, harmony, and fellowship amongst the parties who MOHD YAKUB 2025.05.13 12:09 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh CRA-S-2512-SB-2007 CRA-S-2544-SB-2007 8 have decided to forget and forgive any ill-will and have no vengeance against each other; and Seventhly, the cause of administration of criminal justice system would remain un-effected on acceptance of the amicable settlement between the parties and/or resultant acquittal of the Appellants; more so looking at their present age.” 7. It has been categorically held by the Hon’ble Supreme Court in Ramgopal’s case (supra), that there is no embargo in quashing the FIR even after a judgment of conviction has been passed. Therefore, in view of the amicable settlement arrived at between the parties as well as the ratio of law laid down in Ramgopal’s case (supra), this Court is inclined to invoke the inherent powers under Section 528 of BNSS, 2023 (erstwhile Section 482 Cr.P.C.). 8. Accordingly, both the present appeals are allowed and the judgment of conviction and order of sentence dated 06.12.2007, passed by learned Additional Sessions Judge, Jalandhar, are hereby set-aside qua the appellants. 9. The appellants are acquitted of the charges framed against them and their bail/surety bonds also stand discharged. 10. Pending miscellaneous application(s), if any, shall also stand disposed of. 11. A photocopy of this order be placed on the file of other connected case. 07.05.2025 yakub Whether speaking/reasoned: Whether reportable: (HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MOHD YAKUB 2025.05.13 12:09 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh