The Hon'ble Full Bench of this Cou The v. is Court in case Kulwinder Singh vs State of Punjab njab and another
Case Details
CRM-M No.621 62124 of 2024 -1- IN THE THE HIGH COURT OF PUNJAB JAB AND HARYANA AT ARH(cid:1) CHANDIGARH 263 (cid:1) Jitender Kumar @ umar @ Jittu CRM-M Date of De M No.62124 of 2024 e of Decision:28.01.2025 ... Petitioner State of Haryana ryana and another s(cid:1) ... Respondents Versus (cid:1) CORAM : HON
Legal Reasoning
HON'BLE MR. JUSTICE NAMIT AMIT KUMAR Mr. Devender Arya, Advocate Present: Mr. for the petitioner. for t Ms. Priyanka Sadar, AAG, Haryana Ms. ryana. Mr. Mr. Anjali, Advocate for Mr. Bharat Arya, Advocate Mr. for respondent No.2. for r *** *** (cid:1) NAMIT KUMA UMAR, J. (ORAL) 1. The present petition has been filed b The ction filed by the petitioner under Section 528 of Bharatiya aratiya Nagarik Suraksha Sanhita, 202 263 ta, 2023 for quashing of FIR No.263 dated 07.08.2024 8.2024 registered under Section 354 S at n 354-B IPC/Section 76 of BNS at Police Station S tion Sadar Mahendergarh, District M 1) trict Mahendergarh (Annexure P-1) and all other s ther subsequent proceedings arising s of arising therefrom on the basis of compromise date se dated 05.12.2024 (Annexure P-2) ated ) and compromise affidavit dated 05.12.2024 (Ann (Annexure P-3) executed between the een the parties. 2. Learned counsel for the parties hav Lear FIR ies have stated that the present FIR may be quashed a ashed as the parties have amicably sett ly settled the dispute. 3. During the course of preliminary Duri was inary hearing, the trial Court was directed to record record the statements of all the concer o the concerned parties, with regard to the genuineness and ss and validity of the compromise by th e by this Court. PANKAJ KUMAR 2025.01.30 11:22 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.621 62124 of 2024 -2- 4. In compliance thereof, report dat In c rned rt dated 07.01.2025 from learned Judicial Magistr agistrate 1st Class, Mohindergarh ha the has been received through the District and Sess d Sessions Judge, Narnaul, with statem hich, statements of the parties, in which, it has been menti mentioned that the compromise is ge ndue e is genuine and there was no undue influence or coer r coercion from any side. 5. The Hon'ble Full Bench of this Cou The vs. is Court in case Kulwinder Singh vs. State of Punjab njab and another, 2007(3) RCR ( n'ble CR (Criminal) 1052 and Hon'ble Division Bench ench of this Court in case Sube Sin of e Singh and another vs. State of Haryana and nd another, 2013(4) RCR (Cr (Criminal) 102 observed that that compounding of ing of offence can be allowed ev uring ed even after conviction, during proceedings of th s of the appeal against conviction pen nd in on pending in Sessions Court and in case of involving olving non-compoundable offence. 6. An identical question came to be An reme to be decided by Hon'ble Supreme Court in case Gia Gian Singh Versus State of Punja CR unjab and another, 2012(4) RCR (Criminal) 543 ) 543. Having interpreted the relevan d as relevant provisions, it was ruled as under:- PANKAJ KUMAR 2025.01.30 11:22 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh “57. 57. The position that emerges from summarised thus: the power of th sum crim criminal proceeding or FIR or inhe inherent jurisdiction is distinct and to a criminal court for compoundi to a 320 320 of the Code. Inherent power statu statutory limitation but it has to be guideline engrafted in such power guid justi justice or (ii) to prevent abuse of the case cases power to quash the crimina F.I.R. may be exercised where the o F.I.R their dispute would depend on the fa their case case and no category can be prescri of such power, the High Court must of su and gravity of the crime. Heinous a and depr depravity or offences like murder, fittin fittingly quashed even though the vi offender have settled the dispute. Su offen from the above discussion can be be a of the High Court in quashing a or complaint in exercise of its its and different from the power given ven ion unding the offences under Section wer is of wide plenitude with no no to be exercised in accord with the the of wer viz; (i) to secure the ends of f the process of any Court. In what hat inal proceeding or complaint or or led he offender and victim have settled ch he facts and circumstances of each escribed. However, before exercise ise ure must have due regard to the nature tal ous and serious offences of mental der, rape, dacoity, etc. cannot be be e victim or victim's family and the the in e. Such offences are not private in CRM-M No.621 62124 of 2024 -3- pact on society. Similarly, any ny natu nature and have serious impact m and offender in relation to the the com compromise between the victim an Act like Prevention of Corruption Act offences under special statutes like offen or quashing criminal proceedings ngs or t or the offences for any basis for q the criminal cases having ing ut involving such offences. But invo on inatingly civil flavour stand on overwhelmingly and pre-dominati over ses of quashing, particularly the the diffe different footing for the purposes rcial, financial, mercantile, civil, vil, offen offences arising from commercial t of tions or the offences arising out of partnership or such like transaction part c. or the family disputes where the the matr matrimony relating to dowry etc. or ersonnel in nature and the parties ties wro wrong is basically private or perso igh te. In this category of cases, High have resolved their entire dispute. I have ceedings if in its view, because of of Cou Court may quash criminal proceed fender and victim, the possibility of of the the compromise between the offende ase and continuation of criminal case conviction is remote and bleak and conv me ression and prejudice and extreme would put accused to great oppress wou him by not quashing the criminal nal inju injustice would be caused to him the ettlement and compromise with the case despite full and complete settle case r it h Court must consider whether it victim. In other words, the High C victi the interest of justice to continue ue wou would be unfair or contrary to the nal or continuation of the criminal with the criminal proceeding or with ite to abuse of process of law despite proceeding would tantamount to ab proc tween the victim and wrongdoer oer settl settlement and compromise betwee hat s of justice, it is appropriate that and whether to secure the ends of and ove d and if the answer to the above criminal case is put to an end an crim hin e High Court shall be well within ques question(s) is in affirmative, the Hi inal proceeding.” its jurisdiction to quash the criminal its ju 7. The same view has been reiterated The case iterated by the Apex Court in case Narinder Singh ngh and others Vs. State of Punja CR unjab and another, 2014(2) RCR ) 482. (Criminal) 482. 8. Having regard to the contentions of Hav rties ons of learned counsel for the parties and the fact that t that both the parties to the litigation mise gation have entered into compromise and on that basis t basis, the present petition under Se has der Section 528 of BNSS, 2023 has been filed for qu for quashing the present FIR. The co ed at he compromise has been arrived at with the interven tervention of the respectables and fa rties and family members and the parties have decided to ed to keep harmony between them an ture. em and to live peacefully in future. Hence, it would would be in the interest of justice d to justice that parties are allowed to compromise the se the matter. Moreover, learned coun em counsel for the parties are ad idem PANKAJ KUMAR 2025.01.30 11:22 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.621 62124 of 2024 -4- that, in view of ew of the settlement of disputes bet esent es between the parties, the present petition deserves serves to be accepted in this context. 9. In view of above, the instant petiti In v ntly, t petition is allowed. Consequently, the impugned FI FIR No.263 dated 07.08.2024 re B registered under Section 354-B IPC/Section 76 n 76 of BNS at Police Station S strict tion Sadar Mahendergarh, District Mahendergarh arh (Annexure P-1) and all other con ising er consequential proceedings arising therefrom are he are hereby quashed, on the basis of c ioner is of compromise, qua the petitioner only. January 28, 202 Pankaj* , 2025 (NAMIT KUMAR) JUDGE ned Whether speaking/reasoned Whether reportable : : Yes/No Yes/No PANKAJ KUMAR 2025.01.30 11:22 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh