Rajesh Kapoor vs State of Punjab and Another

Mehinder Singh Sullar, J.—The epitome of the facts & material, culminating in the commencement, relevant for disposal of the instant petition and emanating from the record, is that, initially, in the wake of complaint of complainant Mahesh Kumar Arora son of Jagdish Kumar Arora respondent No. 2 (for brevity "the complainant"), a criminal case was registered against petitioner-accused Rajesh Kapoor son of Prem Lal Kapoor, by virtue of FIR No. 82 dated 23.3.2011 (Annexure P1), on accusation of having committed the offences punishable under Sections 406 & 420 IPC by the police of Police Station Civil Lines, Amritsar. After completion of the investigation, the police submitted the final police report (challan) against the petitioner-accused. Consequently, he was charge-sheeted for the commission of an offence punishable u/s. 420 IPC, vide impugned charge sheet dated 25.7.2011 (Annexure P2) and the case was slated for evidence of prosecution by the trial Court.

During the pendency of the criminal case, good sense prevailed and the parties have amicably settled their dispute, by means of compromise deed dated 15.4.2013 (Annexure P3) and the affidavit (Annexure P4) of the complainant.

Having compromised the matter, now the petitioner-accused has preferred the present petition, to quash the impugned FIR (Annexure P1), charge sheet (Annexure P2) and all other subsequent proceedings arising therefrom, invoking the provisions of Section 482 Cr.PC, inter-alia pleading that with the intervention of respectable persons, now the parties have amicably resolved their dispute, by way of compromise deed (Annexure P3). The complainant has reiterated the factum of compromise in his affidavit (Annexure P4). The parties have redressed their grievances. The complainant has no objection if the criminal case registered against the petitioner-accused, by virtue of impugned FIR (Annexure P1) is quashed. On the strength of aforesaid grounds, the petitioner-accused sought to quash the impugned FIR, charge sheet and all other consequent proceedings arising thereto, in the manner depicted here-in-above.

During the course of preliminary hearing, the trial Court was directed to record the statements of all the concerned parties with regard to the genuineness and validity or otherwise of the compromise (Annexure P3) by this Court, vide order dated 29.4.2013.

In compliance thereof, the trial Court, having recorded the statements of all concerned parties, concluded, vide its report dated 28.5.2013 that the parties have amicably settled their dispute. The compromise is valid, genuine and without any kind of pressure or coercion.

Meaning thereby, it stands proved on record that the parties have amicably settled their dispute, through the medium of compromise deed (Annexure P3), affidavit (Annexure P4) of complainant and the indicated report of the trial Court.

What cannot possibly be disputed here is that, the law with regard to the settlement of criminal disputes by means of amicable settlement between the parties is no more res integra and is now well-settled.

An identical question (recently) came to be decided by the Hon''ble Apex Court in case Gian Singh Vs. State of Punjab and Another, . Having interpreted the relevant provisions and considered a line of the judgments on the points in question, it was ruled (para 57) 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 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 predominatingly 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.

Above being the legal position and the material on record, now the short and significant question, though important, that arises for determination in this petition is, as to whether the present criminal prosecution against the petitioner deserves to be quashed in view of the compromise or not?

Having regard to the contentions of the learned counsel, to my mind, it would be in the interest and justice would be sub-served, if the parties are allowed to compromise the matter. Moreover, learned counsel are ad idem that, in view of the settlement of disputes between the parties, the instant petition deserves to be accepted in this context.

As is evident from the record that, with the intervention of respectable persons, now the parties have amicably resolved their dispute, vide compromise deed (Annexure P3). The complainant has reiterated the factum of compromise in his affidavit (Annexure P4). The parties have redressed their grievances. The complainant has no objection if the criminal case registered against the petitioner-accused, by virtue of impugned FIR (Annexure P1) is quashed. They want to live in peace in future. The settlement is stated to be in the interest, welfare and in the larger interest of the parties. The factum of the compromise between them is also reiterated by the trial Court in its pointed report.

Thus, it would be seen that since, the compromise is in the benefit, welfare and in the larger interest of the parties, so, there is no impediment in translating their wishes into reality and to quash the criminal prosecution to set the matter at rest, to enable them to live in peace and to enjoy the life and liberty in a dignified manner. Therefore, to me, the ratio of the law laid down and the bench-mark set out by the Hon''ble Supreme Court in Gian Singh''s case (supra), "mutatis mutandis" is attracted to the facts of the present case and is the complete answer to the problem in hand. Sequelly, the impugned FIR, charge-sheet and all other consequent proceedings arising thereto, deserve to be quashed in the obtaining circumstances of the case. In the light of the aforesaid reasons, the instant petition is accepted. Consequently, the impugned FIR (Annexure P1), charge-sheet (Annexure P2) and all other subsequent proceedings arising therefrom are hereby quashed. The petitioner-accused is accordingly acquitted of the charge framed against him on the basis of compromise.