Allowed

Gagandeep Singh @ Billa and Anr. v. State of Punjab and Others

Punjab & Haryana HC11 Nov 2022CRM-M/2005/2021

Case brief

AI extract

What is this about?

Special Criminal Reference petition seeking quashing of FIR under Sections 452, 323, 34 IPC under Section 482 Cr.P.C. The Court quashed the proceedings, noting the offences were non-heinous, private in nature, and a genuine compromise existed, aiming to secure ends of justice and avoid waste of judicial time.

What did the court decide?

FIR No. 229 dated 10.11.2020 and all consequential proceedings arising therefrom are quashed qua the petitioner(s).

Gagandeep Singh @ Billa and… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2022)

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CRM-M-2005-2021

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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216

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CRM-M-2005-2021 Date of Decision : 11.11.2022

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Gagandeep Singh @ Billa and another

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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 JAGMOHAN BANSAL

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Present : Mr.Kanwljeet Singh Brar, Advocate for the petitioners.

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Mr. Digvijay Nagpal, AAG, Punjab.

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Mr. Kanwaljit Singh, Advocate for respondents No.2 and 3.

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JAGMOHAN BANSAL, J. (Oral)

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The instant petition has been filed under Section 482 Cr.P.C., seeking quashing of FIR No. 229 dated 10.11.2020, under Sections 452, 323, 34 IPC, registered at Police Station Sangat, Tehsil and District Bathinda (Annexure P-1), and all the subsequent proceedings arising therefrom, on the basis of compromise-deed/affidavit dated 23.12.2020 (Annexure P-2).

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In terms of order dated 15.01.2021, learned JMIC, Bathinda, has submitted his report dated 02.02.2021. The relevant extracts of the report are as below :-

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“3. Also the statement of PHG Tar Singh No.22346/BTI PS Sangat is recorded and he suffered the statement that he has brought the record and as per their record no accused have been declared PO in this case and there is

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ANJU GOEL 2022.11.11 18:43 I attest to the accuracy and integrity of this document Chandigarh

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CRM-M-2005-2021

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no other case pending against the accused persons.

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In the given circumstances and from the above statements recorded today, the report is as under :

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(i) There are two accused in this case.

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(ii) None of the accused has been declared proclaimed offender.

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(iii) The compromise between the parties is genuine and voluntary, having effected without any coercion or undue influence.

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(iv) There is no other case pending against the accused.” Learned State counsel submits that he has no objection if the present FIR and consequential proceedings are quashed.

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Relying upon its earlier judgments in ' Gian Singh Vs. State of Punjab and others, (2012) 10 SCC 303' and 'The State of Madhya Pradesh Vs. Laxmi Narayan and others (2019) 5 SCC 688' , a two Judge Bench of the Hon'ble Supreme Court in ' Ramgopal and another Vs. State

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of Madhya Pradesh 2021 SCC online SC 834' while dealing with power of High Court under Section 482 of Cr.P.C. to quash non-compoundable offences on the basis of compromise between the disputing parties has held:

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“11. True it is that offences which are ‘noncompoundable’ cannot be compounded by a criminal court in purported exercise of its powers under Section 320 Cr.P.C. Any such attempt by the court would amount to alteration, addition and modification of Section 320Cr.P.C, which is the exclusive domain of Legislature. There is no patent or latent ambiguity in the language of Section 320Cr.P.C., which may justify its wider interpretation and include such offences in the docket of ‘compoundable’ offences which have been consciously kept out as non-compoundable. Nevertheless, the limited jurisdiction to compound an offence within the

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ANJU GOEL 2022.11.11 18:43 I attest to the accuracy and integrity of this document Chandigarh

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CRM-M-2005-2021

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framework of Section 320Cr.P.C. is not an embargo against invoking inherent powers by the High Court vested in it under Section 482Cr.P.C. The High Court, keeping in view the peculiar facts and circumstances of a case and for justifiable reasons can press Section 482Cr.P.C. in aid to prevent abuse of the process of any Court and/or to secure the ends of justice.

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12. The High Court, therefore, having regard to the nature of the offence and the fact that parties have amicably settled their dispute and the victim has willingly consented to the nullification of criminal proceedings, can quash such proceedings in exercise of its inherent powers under Section 482 Cr.P.C., even if the offences are non- compoundable. The High Court can indubitably evaluate the consequential effects of the offence beyond the body of an individual and thereafter adopt a pragmatic approach, to ensure that the felony, even if goes unpunished, does not tinker with or paralyze the very object of the administration of criminal justice system.

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13. It appears to us that criminal proceedings involving non-heinous offences or where the offences are pre-dominantly of a private nature, can be annulled irrespective of the fact that trial has already been concluded or appeal stands dismissed against conviction. Handing out punishment is not the sole form of delivering justice. Societal method of applying laws evenly is always subject to lawful exceptions. It goes without saying, that the cases where compromise is struck post-conviction, the High Court ought to exercise such discretion with rectitude, keeping in view the circumstances surrounding the incident, the fashion in which the compromise has been arrived at, and with due

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ANJU GOEL 2022.11.11 18:43 I attest to the accuracy and integrity of this document Chandigarh

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CRM-M-2005-2021

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regard to the nature and seriousness of the offence, besides the conduct of the accused, before and after the incidence. The touchstone for exercising the extraordinary power under Section 482 Cr.P.C. would be to secure the ends of justice. There can be no hard and fast line constricting the power of the High Court to do substantial justice. A restrictive construction of inherent powers under Section 482 Cr.P.C. may lead to rigid or specious justice, which in the given facts and circumstances of a case, may rather lead to grave injustice. On the other hand, in cases where heinous offences have been proved against perpetrators, no such benefit ought to be extended, as cautiously observed by this Court in Narinder Singh & Ors. vs. State of Punjab & Ors.3 and Laxmi Narayan (Supra).

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14. In other words, grave or serious offences or offences which involve moral turpitude or have a harmful effect on the social and moral fabric of the society or involve matters concerning public policy, cannot be construed betwixt two individuals or groups only, for such offences have the potential to impact the society at large. Effacing abominable offences through quashing process would not only send a wrong signal to the community but may also accord an undue benefit to unscrupulous habitual or professional offenders, who can secure a ‘settlement’ through duress, threats, social boycotts, bribes or other dubious means. It is well said that “let no guilty man escape, if it can be avoided.”

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From the perusal of the enclosed FIR, report of the Trial Court

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and compromise arrived between the parties, it transpires that contesting parties have amicably resolved their issue, thus, no useful purpose would be served by continuing the proceedings. The alleged offences are of pre-

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ANJU GOEL 2022.11.11 18:43 I attest to the accuracy and integrity of this document Chandigarh

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CRM-M-2005-2021

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dominantly private in nature and no moral turpitude or interest of public at large is involved. There appears to be no chance of conviction, the continuance of the proceedings would just waste valuable judicial time and it is well-known fact that courts are already over burdened.

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In view of above facts and circumstances, the present petition deserves to be allowed and accordingly is allowed. FIR No. 229 dated 10.11.2020, under Sections 452, 323, 34 IPC, registered at Police Station Sangat, Tehsil and District Bathinda (Anneuxre P-1) and all other consequential proceedings arising therefrom are quashed qua the petitioner(s).

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( JAGMOHAN BANSAL ) JUDGE

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11.11.2022

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anju

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Whether speaking/reasoned	Yes/No
Whether Reportable	Yes/No

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ANJU GOEL 2022.11.11 18:43 I attest to the accuracy and integrity of this document Chandigarh

Gagandeep Singh @ Billa and Anr. v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Gagandeep Singh @ Billa and Anr. v. State of Punjab and Others

Case brief

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What did the court decide?

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