Gurwinder Singh vs State Of Punjab And Another

Harnaresh Singh Gill, J

Case is taken up for hearing through video conferencing. Through this petition, the petitioner seeks quashing of FIR No.49 dated 30.05.2019,

registered at Police Station Bassi Pathana, District Fatehgarh Sahib, under Sections 324, 341 and 506 IPC, and all consequential proceedings arising

therefrom, including the charge-sheet dated 04.12.2019, on the basis of compromise dated 05.11.2019 (Annexure P-3) arrived at between the parties.

Vide orders dated 28.02.2020 and 12.07.2021 passed by this Court, the trial Court/Illaqa Magistrate had been directed to record the statements of the

parties with regard to the genuineness and authenticity of the compromise.

In compliance thereof, the learned Chief Judicial Magistrate, Fatehgarh Sahib, has submitted a report, vide letter dated 29.07.2021, 1 of 4 CRM-M-

8871-2020 which indicates that the parties had appeared before the Magistrate and got recorded their respective statements with regard to the validity

of the compromise. As per the report, the compromise arrived at between the parties is genuine and without any pressure or coercion from any

corner.

The Hon'ble Full Bench of this Court in case Kulwinder Singh vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052 and Hon'ble Division

Bench of this Court in case Sube Singh and another vs. State of Haryana and another, 2013(4) RCR (Criminal) 102 observed that compounding of

offence can be allowed even after conviction, during proceedings of the appeal against conviction pending in Sessions Court and in case of involving

non-compoundable offence.

The Hon'ble Apex Court in the case of Gian Singh Versus State of Punjab and another. 2012(4) RCR (Criminal) 543 has held as under:-

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

under Section 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 2 of 4 CRM-M-8871-2020 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 personnel 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.

The same view has also been reiterated by Hon'ble the Apex Court in case Narinder Singh and others Vs. State of Punjab and another, 2014(2) RCR

(Criminal) 482. 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, the present petition is allowed. FIR No.49 dated 30.05.2019, registered at Police Station Bassi Pathana, District Fatehgarh 3 of 4 CRM-

M-8871-2020 Sahib, under Sections 324, 341 and 506 IPC, and all consequential proceedings arising therefrom, including the charge-sheet dated

04.12.2019, are quashed qua the petitioner on the basis of compromise dated 05.11.2019 (Annexure P-3), subject to him depositing the costs of

Rs.10,000/- with the Poor Patients' Welfare Fund, Postgraduate Institute of Medical Education and Research (PGIMER), Chandigarh.

Needless to say that the parties shall remain bound by the terms of compromise and their statements made in the Court below.