Bachan Singh vs State of Punjab

Sabina, J.—Vide this order, above mentioned two petitions would be disposed of as petitioners have sought quashing of FIR No. 43 dated 16.8.2009 registered at Police Station Hajipur, Tehsil Dasuya District Hoshiarpur under Sections 452/326/324/323, 325/148, 149 of the Indian Penal Code, 1860 (''IPC for short) as well as its cross-version i.e. criminal complaint No. 5 dated 24.1.2011 under Sections 323/324, 325/326, 452, 506, 148 and 149 IPC and all the subsequent proceedings arising therefrom in view of the compromise arrived at between the parties.

Learned counsel for the parties have submitted that it is a case of version and cross-version. However, now with the intervention of the respectables and family members, parties have amicably settled their dispute.

Vide order dated 26.5.2014 passed in CRM-M No. 18253 of 2014, parties were directed to appear before the trial court and the trial Court was directed to record their statements and submit its report qua the genuineness of the compromise effected between the parties.

In pursuance to the said order, trial Court, after recording the statements of the parties, has reported that the compromise effected between the parties is genuine and without any fraud or coercion.

As per the Full Bench judgment of this Court in Kulwinder Singh and Others Vs. State of Punjab and Another, High Court has power u/s 482 Cr.P.C. to allow the compounding of non-compoundable offence and quash the prosecution where the High Court felt that the same was required to prevent the abuse of the process of any Court or to otherwise secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone.

Hon''ble the Apex Court in the case of Gian Singh Vs. State of Punjab and Another, has held as under:-

"57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences u/s 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz.; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R. may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim''s family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."

Since the parties have arrived at a compromise and have decided to live in peace, no useful purpose would be served in allowing the criminal proceedings to continue.

Accordingly, both the petitions are allowed. FIR No. 43 dated 16.8.2009 registered at Police Station Hajipur, Tehsil Dasuya District Hoshiarpur under Sections 452/326/324/323, 325/148, 149 IPC as well as its cross-version i.e. criminal complaint No. 5 dated 24.1.2011 under Sections 323/324, 325/326, 452, 506, 148 and 149 IPC and all the subsequent proceedings arising therefrom are quashed.