Quashed

Gurdeep Singh and Ors. v. State of Punjab and Others

Punjab & Haryana HC30 Aug 2022CRM-M/12863/2021

Case brief

AI extract

What is this about?

On interlocutory application under Section 482 Cr.P.C., the Court quashed a cross-version for assaults under IPCSections 325, 324, and 323 based on a genuine compromise. The Court held that while compromises can quash cases of predominantly civil character, they are inapplicable to heinous offences causing serious societal impact.

What did the court decide?

The cross-version registered under G.D. No. 030 and all consequential proceedings were quashed quoad the petitioners.

Gurdeep Singh and Ors. Vs State of Punjab and Others — Quashing and FIR | Punjab & Haryana HC (2022)

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CRM-M-12863-2021

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CRM-M-12863-2021

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Date of Decision: 30.08.2022

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Gurdeep Singh and others

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.... Petitioners

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Versus

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State of Punjab and others

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.... Respondents

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CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA

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Present: - Mr. Narinder Singh, Advocate for the petitioners.

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Mr. Vinay Kumar Gupta, Assistant Advocate General, Punjab.

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Mr. D.S. Randhawa, Advocate for respondents No. 2 to 5.

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ASHOK KUMAR VERMA, J. (ORAL)

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The petitioners have filed the present petition under Section 482 Cr.P.C., for quashing Cross Version registered vide G.D. No. 030 dated 25.05.2016 (Annexure P-1) registered under Sections 325, 324, 323, 148 and 149 IPC (Section 324 IPC deleted later on and Sections 326 and 452 IPC were added later on) in case FIR No. 0042 dated 25.05.2016 (Annexure P-1), registered under Sections 325, 324, 341, 148 and 149 IPC (Sections 148 and 149 IPC were deleted later on and Sections 34 and 201 IPC were added later on) at Police Station Maloud, Police District Khanna, District Ludhiana and all the consequential proceedings arising therefrom, on the basis of compromise dated 18.02.2021 (Annexure P-2) effected between the parties.

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Pursuant to the order dated 18.03.2021 passed by a

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RISHU KATARIA 2022.09.02 16:34 I attest to the accuracy and authenticity of this document

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CRM-M-12863-2021 -2-

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co-ordinate Bench of this Court, the parties appeared before the learned Judicial Magistrate Ist Class, Payal, to get their statements recorded. Learned Judicial Magistrate Ist Class, Payal, submitted her report along with statements of the parties vide letter No. 381 dated 06.04.2021 duly forwarded by learned District and Sessions Judge, Ludhiana, vide letter No. 271/EC dated 27.04.2021.

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I have heard learned Counsel for the petitioners, learned State Counsel, learned counsel for respondents No. 2 to 5 and gone through the relevant record.

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It is now well settled that the High Court has inherent power to quash the criminal proceedings in non-compoundable cases on the basis of settlement between the parties for securing the ends of justice or to prevent abuse of the process where the possibility of conviction is remote and bleak and continuation of the criminal case would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case. Criminal cases having overwhelmingly and predominantly civil character particularly those arising out of commercial transaction or arising out of matrimonial relationship or family dispute can be quashed when the parties have resolved their entire dispute among themselves. However, such power cannot be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape dacoity, etc. which are not private in nature and have a serious impact on society. Similarly, prosecution for offences alleged to have been committed under special enactments like the Prevention of Corruption

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RISHU KATARIA 2022.09.02 16:34 I attest to the accuracy and authenticity of this document

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CRM-M-12863-2021

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Act or the offences committed by public servant while working in that capacity cannot be quashed on the basis of compromise between the victim and the offender. For judicial precedents in this regard, reference may be made to Narinder Singh Vs. State of Punjab (Supreme Court) : 2014 (2) RCR (Criminal) 482, State of Madhya Pradesh Vs. Laxmi Narayan and others (Supreme Court) : 2019 (2) RCR (Criminal) 255 and Kulwinder Singh and others Vs. State of Punjab and others (Punjab and Haryana High Court) : 2007 (3) RCR (Criminal) 1052.

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According to the report, learned Judicial Magistrate Ist Class, Payal, is satisfied that the compromise is genuine and effected between the parties voluntarily, without any undue influence or coercion.

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Considering the report of learned Judicial Magistrate Ist Class, Payal dated 06.04.2021 and the fact that the compromise will bring peace and harmony between the parties, aforesaid Cross Version registered vide G.D. No. 030 dated 25.05.2016 (Annexure P-1) and all subsequent proceedings arising therefrom, are quashed, qua the petitioners only.

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Disposed of, accordingly

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August 30, 2022

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rishu

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(ASHOK KUMAR VERMA) JUDGE

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Whether speaking/reasoned Yes/No

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Whether Reportable Yes/No