Allowed

Kuldip Singh and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC17 Aug 2009CRM-M/12982/2009

Case brief

AI extract

What is this about?

This judgment allowed a petition to quash an FIR based on a post-facto compromise between the petitioner and the complainants, holding that the High Court's power under Section 482 Cr.P.C. extends to non-compoundable offences to secure the ends of justice.

What did the court decide?

FIR No. 66 dated 12.4.2009 under Sections 307, 382, 324, 323, 148, 149 IPC and subsequent proceedings quashed.

Kuldip Singh and Ors. Vs State of Punjab and Ors. — Quashing and FIR | Punjab & Haryana HC (2009)

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Criminal Misc. No. M-12982 of 2009

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(1)

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In the High Court of Punjab & Haryana at Chandigarh

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Criminal Misc. No. M-12982 of 2009 (O&M)

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Date of decision: 17.8.2009

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Kuldip Singh and others ...Petitioners vs State of Punjab and others ...Respondents

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Coram Hon'ble Mr. Justice Rajesh Bindal

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Present Mr. S. S. Majithia, Advocate, for the petitioners.

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Mr. Anter Singh Brar, Senior Deputy Advocate General, Punjab, for respondent no. 1.

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Mr. Rana Partap Singh, Advocate, for respondents no. 2 and 3.

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Rajesh Bindal, J.

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Prayer in the present petition is for quashing of FIR No. 66 dated 12.4.2009, registered at Police Station Samrala, Police District Khanna, under Sections 307, 382, 324, 323, 148, 149 IPC and all subsequent proceedings arising therefrom.

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Learned counsel for the petitioners submits that the dispute between the parties has been compromised with the intervention of the well-wishers and keeping in view that peace and harmony is maintained. The compromise-deed has been placed on record as Annexure P-2. The complainant- respondent no. 2 and the injured- respondent no. 3 had also filed reply by way of their short affidavits with regard to the factum of compromise arrived at between the parties. He further submitted that since the matter has been compromised, the FIR deserves to be quashed. Reliance has been placed upon a five Judge Bench judgment of this Court in Kulwinder Singh versus State of Punjab 2007 (3) Law Herald (P&H) 2225.

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Respondents no.2 and 3, had appeared in Court in person who admitted the factum of compromise between the parties and stated that they have no objection in case FIR in question is quashed. They have made statements to this effect in court also.

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Dealing with issue of quashing of FIR on the basis of compromise, a Bench consisting of five Hon'ble Judges of this Court in Kulwinder Singh's case (supra) while approving minority view in Dharambir v. State of Haryana, 2005

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Criminal Misc. No. M-12982 of 2009

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(2)

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(2) Law Herald (P&H) (FB) 723 , opined as under:-

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“27. To conclude, it can safely be said that there can never be any hard and fast category which can be prescribed to enable the Court to exercise its power under Section 482, of the Cr.P.C. The only principle that can be laid down is the one which has been incorporated in the Section itself, i.e., “to prevent abuse of the process of any Court” or “to secure the ends of justice”.

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In Mrs. Shakuntala Sawhney Versus Mrs. Kaushalya Sawhney and others, (1980) 1 S.C.C. 63, Hon'ble Krishna Iyer, J. aptly summoned up the essence of compromise in the following words:-

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“The finest hour of justice arrives propitiously when parties, despite falling apart, bury the hatchet and weave a sense of fellowship of reunion.”

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The power to do complete justice is the very essence of every judicial justice 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.

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No embargo, be in the shape of Section 320(9) of the Cr.P.C., or any other such curtailment, can whittle down the power under Section 482 of the Cr.P.C.

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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 amity 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

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Criminal Misc. No. M-12982 of 2009

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(3)

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absence of any premonitions to forecast and predict eventualities which the cause of justice may throw up during the course of a litigation.

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The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C which can affect the inherent power of this Court under Section 482. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in non-compoundable offences notwithstanding the bar under Section 320 of the Cr.P.C., in order to prevent the abuse of law and to secure the ends of justice.

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The power under Section 482 of the Cr.P.C is to be exercised Ex-Debitia Justitia to prevent an abuse of process of Court. There can neither be an exhaustive list nor the defined parameters to enable a High Court to invoke or exercise its inherent powers. It will always depend upon the facts and circumstances of each case. The power under Section 482 of the Cr.P.C has no limits. However, the High Court will exercise it sparingly and with utmost care and caution. The exercise of power has to be with circumspection and restraint. The Court is vital and an extra-ordinary effective instrument to maintain and control social order. The Courts play role of paramount importance in achieving peace, harmony and ever-lasting congeniality in society. Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of a Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery.”

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Compromise in modern society is the sine qua non of harmony and orderly behaviour. As observed by Krishna Iyer J., the finest hour of justice arrives propitiously when parties despite falling apart, bury the hatchet and weave a sense of fellowship of reunion. Inherent power of the Court under Section 482 Cr.P.C is not limited to matrimonial cases alone. The Court has wide powers to quash the proceedings even in non-compoundable offences in order to prevent abuse of

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Criminal Misc. No. M-12982 of 2009

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(4)

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process of law and to secure ends of justice, notwithstanding bar under Section 320 Cr.P.C. Exercise of power in a given situation will depend on facts of each case. The duty of the Court is not only to decide a lis between the parties after a protracted litigation but it is a vital and extra-ordinary instrument to maintain and control social order. Resolution of dispute by way of compromise between two warring groups should be encouraged unless such compromise is abhorrent to lawful composition of society or would promote savagery, as held in Kulwinder

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Singh's case (supra).

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Keeping in view the enunciation of law as referred to above and applying the same to the facts and circumstances of the present case, once the matter has been compromised between the parties, no useful purpose will be served by proceeding with the prosecution. Accordingly, FIR No. 66 dated 12.4.2009, registered at Police Station Samrala, Police District Khanna, under Sections 307, 382, 324, 323, 148, 149 IPC and all subsequent proceedings arising therefrom are quashed.

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The petition is disposed of accordingly.

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17.8.2009 vs.

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( Rajesh Bindal) Judge

Kuldip Singh and Ors. v. State of Punjab and Ors.

Case brief

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Kuldip Singh and Ors. v. State of Punjab and Ors.

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