Punjab-Haryana High CourtParwinder Singh Alias Pinda vs State Of Punjab And Others on 14 July, 2022Author:Anoop ChitkaraBench:Anoop ChitkaraCRM-M No. 14636 of 2022                                                                   --1--\n\n              IN THE HIGH COURT OF PUNJAB & HARYANA\n                           AT CHANDIGARH\n\n                                                   CRM-M No. 14636 of 2022\n                                                   Reserved on: 26.04. 2022\n                                                   Pronounced on: July 14, 2022\n\n\nParwinder Singh @ Pinda Pal and another                   ......Petitioners\n\n                                   Vs.\n\nState of Punjab and others                                ......Respondents\n\n\nCORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA\n\nPresent:      Mr. G.S. Jagpal, Advocate for the petitioners.\n\n              Mr. Harsimar Singh Sitta, AAG, Punjab\n\n              Ms. Sukhanpreet Kaur, Advocate for respondents No.2 to 4\n\n                             ***ANOOP CHITKARA J.DDR No.    Dated              Police Station               Sections\n\n7          20.02.2015         P.P. Ramgarh, Police Station 323, 324, 34IPCSanhewal, Distt. Ludhiana\n\n\nIn\n\nFIR No.    Dated              Police StationSections\n\n19911.10.2014         Sahnewal, District           452, 323, 324, 506, 148, 149\n                              Ludhiana City                (sections 326/325added later on\n                                                           andSection 452IPC deleted)The petitioners, arraigned as accused in the above captioned DDR in FIR, have come up\nbefore this Court underSection 482CrPC for quashing of the DDR in FIR and all consequential\nproceedings based on the compromise with the aggrieved person.2.    During the pendency of the petition, the accused and the aggrieved person have\ncompromised the matter, and its copy is annexed with this petition as Annexure P-2.3.    After that, the petitioners came up before this Court to quash the DDR, and in the\nquashing petition, impleading the aggrieved persons as respondents.1 of 6::: Downloaded on - 16-07-2022 03:11:43 :::CRM-M No. 14636 of 2022                                                                 --2--4.   On 8-4-2022, the aggrieved persons Pritam Singh (R-2), Satinder Pal Singh (R-3), and\nJasvir Singh alias Jassa (R-4) appeared before the JMIC Ludhiana and stated that there would\nbe no objection if the court quashes this FIR and consequent proceedings. As per the\nconcerned court's report dated 22-04-2022, the parties consented to the quashing of DDR/\nFIR and consequent proceedings without any threat.\nANALYSIS & REASONING:5.   Despite the severe opposition of the State's counsel to this compromise, the following\naspects would be relevant to conclude this petition: -a)    The accused and the private respondent have amicably settled the matter\n     between them in terms of the compromise deed and the statements recorded before\n     the concerned Court;b)    A perusal of the documents reveal that the settlement has not been secured\n     through coercion, threats, social boycotts, bribes, or other dubious means;c)    The aggrieved person has willingly consented to the nullification of criminal\n     proceedings;d)    There is no objection from the private respondent in case present FIR and\n     consequent proceedings are quashed;e)    In the given facts, the occurrence does not affect public peace or tranquillity,\n     moral turpitude or harm the social and moral fabric of the society or involve matters\n     concerning public policy;f)    The rejection of compromise may also lead to ill will. The pendency of trial affects\n     career and happiness;g)    There is nothing on the record to prima facie consider the accused as an\n     unscrupulous, incorrigible, or professional offender;h)    The purpose of criminal jurisprudence is reformatory in nature and to work to\n     bring peace to family, community, and society;i)    The exercise of the inherent power for quashing FIR and all consequential\n     proceedings is justified to secure the ends of justice.6.   The offence undersection 324IPC is non compoundable underSection 320of Code of\nCriminal Procedure, 1973 (CrPC). However, without adjudicating this point, in the facts and\ncircumstances peculiar to this case, the prosecution qua the non-compoundable offences can\nbe closed by quashing the FIR and consequent proceedings.7.InRam Prasad v State of Uttar Pradesh, (1982) 2 SCC 149, Supreme Court holds,\n           The appellants, who are the accused and the complainant, Shri Ram,\n           who was the person injured as a result of firing, have appeared\n           before us and stated that they wish to compound the offence. The\n           offence for which both the appellants have been convicted is one\n           underSection 307read withSection 34of the Indian Penal Code,\n\n\n\n\n                                         2 of 6::: Downloaded on - 16-07-2022 03:11:43 :::CRM-M No. 14636 of 2022                                                               --3--but having regard to the nature of the injury sustained by Shri Ram,\n          we think that the proper offence for which the appellants should\n          have been convicted was underSection 324read withSection 34.\n          Shri Ram received only one injury on the shoulder and that was also\n          in the nature of simple hurt. We would, therefore, convert the\n          conviction of the appellants to one underSection 324read withSection 34. Since the parties belong to the same village and desire to\n          compound the offence, we think, in the larger interest of peace and\n          harmony between the parties and having regard to the nature of the\n          injury, that it would be proper to allow the parties to compound the\n          offence.8.InShiji @ Pappu v. Radhika, (2011) 10 SCC 705, Hon'ble Supreme Court holds,\n          [13]. It is manifest that simply because an offence is not\n          compoundable underSection 320Indian Penal Code is by itself no\n          reason for the High Court to refuse exercise of its power underSection 482Criminal Procedure Code That power can in our opinion\n          be exercised in cases where there is no chance of recording a\n          conviction against the accused and the entire exercise of a trial is\n          destined to be an exercise in futility. There is a subtle distinction\n          between compounding of offences by the parties before the trial\n          Court or in appeal on one hand and the exercise of power by the\n          High Court to quash the prosecution underSection 482Criminal\n          Procedure Code on the other. While a Court trying an accused or\n          hearing an appeal against conviction, may not be competent to\n          permit compounding of an offence based on a settlement arrived at\n          between the parties in cases where the offences are not\n          compoundable underSection 320, the High Court may quash the\n          prosecution even in cases where the offences with which the\n          accused stand charged are non-compoundable. The inherent powers\n          of the High Court underSection 482Criminal Procedure Code are\n          not for that purpose controlled bySection 320Criminal Procedure\n          Code Having said so, we must hasten to add that the plenitude of\n          the power underSection 482Criminal Procedure Code by itself,\n          makes it obligatory for the High Court to exercise the same with\n          utmost care and caution. The width and the nature of the power\n          itself demands that its exercise is sparing and only in cases where\n          the High Court is, for reasons to be recorded, of the clear view that\n          continuance of the prosecution would be nothing but an abuse of\n          the process of law. It is neither necessary nor proper for us to\n          enumerate the situations in which the exercise of power underSection 482may be justified. All that we need to say is that the\n          exercise of power must be for securing the ends of justice and only\n          in cases where refusal to exercise that power may result in the\n          abuse of the process of law. The High court may be justified in\n          declining interference if it is called upon to appreciate evidence for it\n          cannot assume the role of an appellate court while dealing with a\n          petition underSection 482of the Criminal Procedure Code. Subject\n          to the above, the High Court will have to consider the facts and\n          circumstances of each case to determine whether it is a fit case in\n          which the inherent powers may be invoked.9.InParbatbhai Aahir v State of Gujarat, (2017) 9 SCC 641, a three Judges Bench of\nHon'ble Supreme Court, laid down the broad principles for quashing of FIR, which are\n\n\n\n\n                                        3 of 6::: Downloaded on - 16-07-2022 03:11:43 :::CRM-M No. 14636 of 2022                                                               --4--reproduced as follows: -[16]. The broad principles which emerge from the precedents on the\n           subject, may be summarized in the following propositions:16 (i)Section 482preserves the inherent powers of the High Court\n           to prevent an abuse of the process of any court or to secure the\n           ends of justice. The provision does not confer new powers. It only\n           recognises and preserves powers which inhere in the High Court;\n           16 (ii) The invocation of the jurisdiction of the High Court to quash a\n           First Information Report or a criminal proceeding on the ground that\n           a settlement has been arrived at between the offender and the\n           victim is not the same as the invocation of jurisdiction for the\n           purpose of compounding an offence. While compounding an\n           offence, the power of the court is governed by the provisions ofsection 320of the Code of Criminal Procedure, 1973. The power to\n           quash underSection 482is attracted even if the offence is non-\n           compoundable.16 (iii) In forming an opinion whether a criminal proceeding or\n           complaint should be quashed in exercise of its jurisdiction underSection 482, the High Court must evaluate whether the ends of\n           justice would justify the exercise of the inherent power;\n           16 (iv) While the inherent power of the High Court has a wide ambit\n           and plenitude it has to be exercised; (i) to secure the ends of justice\n           or (ii) to prevent an abuse of the process of any court;\n           16 (v) The decision as to whether a complaint or First Information\n           Report should be quashed on the ground that the offender and\n           victim have settled the dispute, revolves ultimately on the facts and\n           circumstances of each case and no exhaustive elaboration of\n           principles can be formulated;16 (vi) In the exercise of the power underSection 482and while\n           dealing with a plea that the dispute has been settled, the High Court\n           must have due regard to the nature and gravity of the offence.Heinous and serious offences involving mental depravity or offences\n           such as murder, rape and dacoity cannot appropriately be quashed\n           though the victim or the family of the victim have settled the\n           dispute. Such offences are, truly speaking, not private in nature but\n           have a serious impact upon society. The decision to continue with\n           the trial in such cases is founded on the overriding element of public\n           interest in punishing persons for serious offences;\n           16 (vii) As distinguished from serious offences, there may be\n           criminal cases which have an overwhelming or predominant\n           element of a civil dispute. They stand on a distinct footing in so far\n           as the exercise of the inherent power to quash is concerned;\n           16 (viii) Criminal cases involving offences which arise from\n           commercial, financial, mercantile, partnership or similar transactions\n           with an essentially civil flavour may in appropriate situations fall for\n           quashing where parties have settled the dispute;16 (ix) In such a case, the High Court may quash the criminal\n           proceeding if in view of the compromise between the disputants,\n           the possibility of a conviction is remote and the continuation of a\n           criminal proceeding would cause oppression and prejudice; and\n           16 (x) There is yet an exception to the principle set out in\n           propositions (viii) and (ix) above. Economic offences involving the\n           financial and economic well-being of the state have implications\n           which lie beyond the domain of a mere dispute between private\n           disputants. The High Court would be justified in declining to quash\n\n\n\n\n                                         4 of 6::: Downloaded on - 16-07-2022 03:11:43 :::CRM-M No. 14636 of 2022                                                              --5--where the offender is involved in an activity akin to a financial or\n           economic fraud or misdemeanour. The consequences of the act\n           complained of upon the financial or economic system will weigh in\n           the balance.10.InRamgopal v. The State of Madhya Pradesh, Cr.A1489 of 2012, decided on\n29.09.2021, Hon'ble Supreme Court holds,\n          [11]. True it is that offences which are 'non-compoundable' cannot\n          be compounded by a criminal court in purported exercise of its\n          powers underSection 320Cr.P.C. Any such attempt by the court\n          would amount to alteration, addition and modification ofSection\n          320Cr.P.C, which is the exclusive domain of Legislature. There is no\n          patent or latent ambiguity in the language ofSection 320Cr.P.C.,\n          which may justify its wider interpretation and include such offences\n          in the docket of 'compoundable' offences which have been\n          consciously kept out as non-compoundable. Nevertheless, the\n          limited jurisdiction to compound an offence within the framework ofSection 320Cr.P.C. is not an embargo against invoking inherent\n          powers by the High Court vested in it underSection 482Cr.P.C. The\n          High Court, keeping in view the peculiar facts and circumstances of a\n          case and for justifiable reasons can pressSection 482Cr.P.C. in aid to\n          prevent abuse of the process of any Court and/or to secure the ends\n          of justice.[12]. The High Court, therefore, having regard to the nature of the\n          offence and the fact that parties have amicably settled their dispute\n          and the victim has willingly consented to the nullification of criminal\n          proceedings, can quash such proceedings in exercise of its inherent\n          powers underSection 482Cr.P.C., even if the offences are non-\n          compoundable. The High Court can indubitably evaluate the\n          consequential effects of the offence beyond the body of an\n          individual and thereafter adopt a pragmatic approach, to ensure\n          that the felony, even if goes unpunished, does not tinker with or\n          paralyze the very object of the administration of criminal justice\n          system.[13]. It appears to us those criminal proceedings involving non-\n          heinous offences or where the offences are predominantly of a\n          private nature, can be annulled irrespective of the fact that trial has\n          already been concluded or appeal stands dismissed against\n          conviction. Handing out punishment is not the sole form of\n          delivering justice. Societal method of applying laws evenly is always\n          subject to lawful exceptions. It goes without saying, that the cases\n          where compromise is struck postconviction, the High Court ought to\n          exercise such discretion with rectitude, keeping in view the\n          circumstances surrounding the incident, the fashion in which the\n          compromise has been arrived at, and with due regard to the nature\n          and seriousness of the offence, besides the conduct of the accused,\n          before and after the incidence. The touchstone for exercising the\n          extraordinary power underSection 482Cr.P.C. would be to secure\n          the ends of justice. There can be no hard and fast line constricting\n          the power of the High Court to do substantial justice. A restrictive\n          construction of inherent powers underSection 482Cr.P.C. may lead\n          to rigid or specious justice, which in the given facts and\n          circumstances of a case, may rather lead to grave injustice. On the\n          other hand, in cases where heinous offences have been proved\n          against perpetrators, no such benefit ought to be extended, as\n          cautiously observed by this Court inNarinder Singh &Ors. vs. State5 of 6::: Downloaded on - 16-07-2022 03:11:43 :::CRM-M No. 14636 of 2022                                                                  --6--of Punjab &Ors. [(2014) 6 SCC 466, ¶ 29], and Laxmi Narayan\n            [(2019) 5 SCC 688, ¶ 15].[14]. In other words, grave or serious offences or offences which\n            involve moral turpitude or have a harmful effect on the social and\n            moral fabric of the society or involve matters concerning public\n            policy, cannot be construed between two individuals or groups only,\n            for such offences have the potential to impact the society at large.\n            Effacing abominable offences through quashing process would not\n            only send a wrong signal to the community but may also accord an\n            undue benefit to unscrupulous habitual or professional offenders,\n            who can secure a 'settlement' through duress, threats, social\n            boycotts, bribes or other dubious means. It is well said that "let no\n            guilty man escape, if it can be avoided."11.InShakuntala Sawhney v Kaushalya Sawhney, (1979) 3 SCR 639, at P 642, Hon'ble\nSupreme Court observed that the finest hour of Justice arises propitiously when parties, who\nfell apart, bury the hatchet and weave a sense of fellowship or reunion.12.In the light of the judicialprecedentsreferred to above, given the terms of compromise,\nplacement of parties, and other factors peculiar to the case, the contents of the compromise\ndeed and its objectives point towards its acceptance.13.InHimachal Pradesh Cricket Association v State of Himachal Pradesh, 2018 (4) Crimes\n324, Hon'ble Supreme Court holds "[47]. As far as Writ Petition (Criminal) No. 135 of 2017 is\nconcerned, the appellants came to this Court challenging the order of cognizance only\nbecause of the reason that matter was already pending as the appellants had filed the Special\nLeave Petitions against the order of the High Court rejecting their petition for quashing of the\nFIR/Chargesheet. Having regard to these peculiar facts, writ petition has also been\nentertained. In any case, once we hold that FIR needs to be quashed, order of cognizance\nwould automatically stands vitiated."14.   Considering the entire facts, compromise, and in the light of the above-mentioned\njudicial precedents, I believe that continuing these proceedings will not suffice any fruitful\npurpose whatsoever. In the facts and circumstances peculiar to this case, the Court invokes\nthe inherent jurisdiction undersection 482CrPC and quashes the DDR and all subsequent\nproceedings qua the petitioner(s). The bail bonds of the petitioners are accordingly\ndischarged. All pending application(s), if any, stand closed.Petition allowed in the terms mentioned above.(ANOOP CHITKARA)\n                                                                        JUDGE\nJuly 14, 2022\nsonia arora\n\n\nWhether speaking/reasoned:            Yes\nWhether reportable:                   No.\n\n\n\n\n                                            6 of 6::: Downloaded on - 16-07-2022 03:11:43 :::