Allowed

Bhag Singh and Others v. State of Punjab & Others

Punjab & Haryana HC25 Oct 2010CRM-M/11405/2010

Case brief

AI extract

What is this about?

This single Judge bench held that in a fit case involving a personal dispute resolved by compromise, the High Court exercised its inherent powers under Section 482 Cr.P.C. to quash an FIR involving non-compoundable offences to prevent abuse of law and secure justice.

What did the court decide?

FIR No.28 dated 1.2.2010 and all subsequent proceedings arising therefrom were quashed against the petitioners.

Bhag Singh and Others Vs State of Punjab & Others — Quashing and FIR | Punjab & Haryana HC (2010)

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Crl. Misc.No.M 11405 of 2010 # 1#

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANAT AT CHANDIGARH .

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Crl. Misc.No.M 11405 of 2010

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Date of Decision:-25.10.2010

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. Bhag Singh & Ors

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...... Petitioners .

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Versus

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. State of Punjab & Ors

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. ...... Respondents

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CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH.

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Present:Mr. L.S. Sidhu, Advocate for the Petitioners.

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Mr. Gaurav Garg Dhuriwala, AAG Punjab.

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Mr. D.S. Sidhu, Advocate for respondent no.2.

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JASWANT SINGH, J.

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Prayer is under section 482 Cr.PC for quashing of FIR No.28 dated 1.2.2010 under Sections 452, 323, 324, 148 and 149 of Indian Penal Code and later on added offence under Section 307 and 325 of Indian Penal Code registered with Police Station City Taran Taran, District Taran Taran and other proceedings arising out of the aforesaid FIR on the basis of compromise (Annexure P-3) arrived at between the parties.

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In the FIR, complainant Harjinder Singh had levelled

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Crl. Misc.No.M 11405 of 2010 # 2#

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allegations against the petitioners that on the night of 22.1.2010 when complainant along with his brother Lakhwinder Singh were lying in the Chabara of their house after taking dinner all the petitioners armed with deadly weapons such as Kirpans, Dangs & Gandasies used abusive language towards the complainant and his family members and also inflicted injuries on the person of complainant as well as Lakhwinder Singh as the complainant and his brother have gone to the Police Post for help of Sukhdev Singh due to which petitioners got annoyed.

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After issuance of notice of motion reply by way of affidavit on behalf of the respondent no.2 has been filed in the court.

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On the last of hearing, parties were directed to appear before the learned Illaqa Magistrate by making appropriate application who shall record their statements and submit his report regarding the genuineness of the compromise.

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Report (Mark-A) in the shape of letter dated 21.10.2010 of learned Chief Judicial Magistrate, Taran Taran along with photocopies of statements of the parties concerned has been received wherein it is stated that the parties appeared before that court and suffered statements recorded separately before that court. Complainants in their statements have stated that they have compromised the matter with the accused persons-petitioners and complainant Harjinder Singh has also received Rs.80,000/- for his medical treatment and have no objection if the aforesaid FIR and all consequential proceedings are quashed against them.

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Crl. Misc.No.M 11405 of 2010 # 3#

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From the report submitted it is evident that the dispute between the petitioners-accused and the complainants has been amicably resolved by entering into compromise wherein the complainants have stated that they have no objection if the present FIR against the petitioners-accused is quashed.

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Learned State Counsel is unable to raise any serious objection in view of the aforesaid compromise wherein the complainants have deposed on the basis of the compromise and since the complainants are not willing to pursue the present FIR. It is further submitted that challan in the present case is yet to be presented.

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A Full Bench of this Court in Kulwinder Singh and others v. State of Punjab and another , 2007(3) RCR (Criminal) 1052 has held that this Court, in appropriate cases, while exercising powers under Section 482 Cr.P.C., may quash an FIR disclosing the commission of noncompoundable offences. The relevant extracts read as under:-

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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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Similar views were expressed by Hon'ble the Apex Court in Madan Mohan Abot v. State of Punjab 2008(4) SCC 582, the relevant extract of which is as under:-

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Crl. Misc.No.M 11405 of 2010 # 4#

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“We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.”

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Keeping in view the above settled legal position and taking into account the fact that both the parties have desired to live in peace and harmony and carry on with their lives without any ill will or rancour by resolving their differences and entering into the aforesaid compromise, it is evident that it is a fit case where there is no legal impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C., for quashing of the FIR in the interest of justice.

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Accordingly, the present petition is allowed and FIR No.No.28 dated 1.2.2010 under Sections 452, 323, 324, 148 and 149 of Indian Penal Code and later on added offence under Section 307 and 325 of Indian Penal Code registered with Police Station City Taran Taran, District Taran Taran and all subsequent proceedings arising therefrom are quashed against all the petitioners.

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( JASWANT SINGH ) JUDGE

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25^th October, 2010 Vinay

Bhag Singh and Others v. State of Punjab & Others

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Bhag Singh and Others v. State of Punjab & Others

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