Punjab-Haryana High Court
Aman Kumar Alias Amanjeet Alias Ammu And … vs State Of Punjab And Others on 28 October, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2024:PHHC:141414
CRM-M-45995-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-45995-2024 (O&M)
Reserved on: 21.10.2024
Date of Pronouncement: 28.10.2024
Aman Kumar @ Amanjeet @ Ammu & ors.
... Petitioner(s)
Versus
State of Punjab & ors.
...Respondent (s)
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:- Mr. J.S. Mahal, Advocate
for the petitioner(s).
Mr. Akshay Kumar, AAG, Punjab.
Mr. Harvinder Singh, Advocate for
Mr. Sukhbir Maandi, Advocate
for respondents no.2 and 3.
***
ANOOP CHITKARA, J.
FIR No. Dated Police Station Sections
0119 09.06.2020 Dhariwal, District Gurdaspur 324, 148, 149 of IPC (326 of IPC
added later on)
The petitioner(s), arraigned as accused in the above captioned FIR, have come up
before this Court under Section 528 BNSS, 2023 for quashing of the FIR and all
consequential proceedings based on the compromise with the aggrieved person(s).
2. During the pendency of the criminal proceedings, the accused and the aggrieved
person(s) have compromised the matter, and its copy is annexed with this petition as
Annexure P-2.
3. After that, the petitioner(s) came up before this Court to quash the FIR,
impleading the aggrieved persons as respondents no.2 and 3.
4. Pursuant to order of this Court dated 16.09.2024, the aggrieved person(s)
(Respondents no.2 and 3), appeared before the Judicial Magistrate Ist Class,
Gurdaspur and stated that there would be no objection if the Court quashes this FIR
and consequent proceedings. The relevant extract of the report of the concerned Court
reads as follows:
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CRM-M-45995-2024Name of the reporting Judicial Magistrate Ist Class, Gurdaspur
CourtCriminal Case no. CHI/673/2020-FIR No.0119/2020, under Sections 324, 326,
before trial Court 148, 149 of IPC, Police Station Dhariwal, District Gurdaspur
titled as ‘State Vs Raman Kumar and Ors.’
1. Names of the complainant/ victims(s)/ Inder Mohan son of Bua Ditta
aggrieved persons(s) complainant
Harwinder Singh son of Inder Mohan
injured/aggrieved,
Both residents of Village Rania
Dhariwal Tehsil and District Gurdaspur.
2. Dates on which the statement(s) of the 30.09.2024
complainant/ victims(s)/ aggrieved
persons(s) were recorded
3. Has the identity of the complainant/ Yes. It is humbly submitted that in
victims(s)/ aggrieved persons(s) been order to verify identity of complainant
verified? and injured aadhar card of
complainant party as well as accused
party were taken on record. Further, at
the time of recording statements,
complainant party and accused party
have been identified by their
respective counsels i.e. Sh. Rakesh
Kumar, Advocate for complainant and
Sh. Sandeep Ohri, Advocate for
accused.
4. Whether all the victims/ all the Yes. Complainant Inder Mohan and
aggrieved persons have compromised Harwinder Singh aggrieved have
the matter? compromised the matter with the
accused party as per compromise
recorded by them.
5. Is there pressure, threat, or coercion No. It is submitted that on
upon the victim(s)/aggrieved examination of statements recorded
person(s)/complainant? by complainant Inder Mohan and
aggrieved Harwinder Singh, the
compromise effected between them
and accused appears to be bonafide,
voluntary, genuine, lawful and without
any kind of pressure, undue influence,
coercion and fear from any side.
6. Names of the accused person(s) 1. Aman Kumr @ Amanjeet @ Ammu
aged 27 years son of Tara Chand
2. Deepak Kumar @ Deepu aged 29
years son of Tara Chand
3. Vicky @ Shera Masih aged 56 years
son of Satnam Singh @ Satnam Masih
@ Pappu.
4. Mahinderpal @ Bittu aged 34 years
of Vaisakhi Ram.
5. Raman Kumar @ Rinku son of Tara
Chand (PO)
All residents of Village Rania, PS
Dhariwal Tehsil and District2
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7. Dates on which the statement(s) of the 30.09.2024
accused persons(s) recorded
8. Whether all the accused have No. It is submitted that appearing four
compromised the matter? If no, then accused namely Aman Kumar @
the names of the accused who have Amanjeet @ Ammu, Deepak Kumar @
compromised. Deepu, Vicky @ Shera Masih,
Mahinderpal @ Bittu have
compromised the matter with
complainant and aggrieved as per their
statement. However, one accused
namely Raman Kumar @ Rinku who
has been declared proclaimed
offender has not compromised the
matter with complainant party since
he is neither party to petition moved
under Section 528 of BNSS Act nor
recorded any statement with regard to
compromise.
9. Whether proclamation proceedings It is submitted that accused Raman
are pending against any accused? Kumar @ Rinku has been declared
proclaimed offender vide order dated
23.08.2023. Beside him, no
proclamation proceedings are pending
against any of the accused who have
recorded their statements.
10. Has the police report been filed or Yes. As per the statement of ASI
not? Rajinder Kumar concerned official as
well as from the judicial file it
transpires that challan/police report
has already been filed in the present
FIR and case is pending for prosecution
evidence.
11. Notice of accusation /Charges have Yes. Charge-sheet for offence under
been framed or not? Sections 148, 149, 324 and 326 of IPC
has already been served upon accused
vide order dated 23.08.2023.
12. Sections of statutes invoked in the Section 148, 149, 324 and 326 of IPC
matter
13. Whether the court is satisfied with the Yes. It is submitted that on
genuineness of the compromise? examination of statements of both,
complainant as well as accused party
compromise effected between them
appears to be bonafide, voluntary,
genuine, lawful and without any kind
of pressure, undue influence, coercion
and fear from any side.
ANALYSIS & REASONING:
5. Despite the severe opposition of the State’s counsel to this compromise, the
following aspects would be relevant to conclude this petition: –
a) The accused and the private respondent have amicably settled the
matter between them in terms of the compromise deed and the statements
recorded before the concerned Court;
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b) A perusal of the documents reveal that the settlement has not been
secured through coercion, threats, social boycotts, bribes, or other dubious
means;
c) The aggrieved person has willingly consented to the nullification of
criminal proceedings;
d) There is no objection from the private respondent in case present FIR
and consequent proceedings are quashed;
e) In the given facts, the occurrence does not affect public peace or
tranquillity, moral turpitude or harm the social and moral fabric of the society or
involve matters concerning public policy;
f) The rejection of compromise may also lead to ill will. The pendency of
trial affects career and happiness;
g) There is nothing on the record to prima facie consider the accused as an
unscrupulous, incorrigible, or professional offender;
h) The purpose of criminal jurisprudence is reformatory in nature and to
work to bring peace to family, community, and society;
i) The exercise of the inherent power for quashing FIR and all
consequential proceedings is justified to secure the ends of justice.
6. The injured and all the accused had appeared before the Court of JMIC and had
stated that they had entered into a compromise. The parties belong to the same village
and must be living there for generations and might continue to live, but who knows for
how long. In the closely-knit village community, when the parties have buried their
hatchets, the continuation of criminal proceedings will not advance the reformative
purposes of jurisprudence just for the sake of deterrence.
7. In the present case, the offences under sections 326, 324, 148, 149 of Indian
Penal Code, 1860, (IPC) are not compoundable under Section 320 of Code of Criminal
Procedure, 1973 (CrPC)/359 BNSS. However, in the facts and circumstances peculiar to
this case, the prosecution qua the non-compoundable offences can be closed by
quashing the FIR and consequent proceedings.
8. In Y. Suresh Babu v State of A.P., (2005) 1 SCC 347, Hon’ble Supreme Court, while
dealing with section 326 of IPC, which was non-compoundable offence, permitted the
parties to compound the offence.
9. In Yogendra Yadav v State of Jharkhand, 2014:INSC:496 [Para 4], 21.7.2014,
Supreme Court holds,
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[4]. Now, the question before this Court is whether this Court
can compound the offences under Sections 326 and 307 of the
IPC which are non-compoundable. Needless to say that
offences which are non-compoundable cannot be
compounded by the court. Courts draw the power of
compounding offences from Section 320 of the Code. The said
provision has to be strictly followed (Gian Singh v. State of
Punjab, 2012(4) R.C.R.(Criminal) 543 : 2012(4) Recent Apex
Judgments (R.A.J.) 549 : (2012)10 SCC 303). However, in a
given case, the High Court can quash a criminal proceeding in
exercise of its power under section 482 of the Code having
regard to the fact that the parties have amicably settled their
disputes and the victim has no objection, even though the
offences are non-compoundable. In which cases the High
Court can exercise its discretion to quash the proceedings will
depend on facts and circumstances of each case. Offences
which involve moral turpitude, grave offences like rape,
murder etc. cannot be effaced by quashing the proceedings
because that will have harmful effect on the society. Such
offences cannot be said to be restricted to two individuals or
two groups. If such offences are quashed, it may send wrong
signal to the society. However, when the High Court is
convinced that the offences are entirely personal in nature
and, therefore, do not affect public peace or tranquillity and
where it feels that quashing of such proceedings on account of
compromise would bring about peace and would secure ends
of justice, it should not hesitate to quash them. In such cases,
the prosecution becomes a lame prosecution. Pursuing such a
lame prosecution would be waste of time and energy. That will
also unsettle the compromise and obstruct restoration of
peace.
10. In Shiji @ Pappu v. Radhika, (2011) 10 SCC 705, Hon’ble Supreme Court holds,
[13]. It is manifest that simply because an offence is not
compoundable under Section 320 Indian Penal Code is by itself
no reason for the High Court to refuse exercise of its power
under Section 482 Criminal Procedure Code That power can in
our opinion be exercised in cases where there is no chance of
recording a conviction against the accused and the entire
exercise of a trial is destined to be an exercise in futility. There
is a subtle distinction between compounding of offences by
the parties before the trial Court or in appeal on one hand and
the exercise of power by the High Court to quash the
prosecution under Section 482 Criminal Procedure Code on
the other. While a Court trying an accused or hearing an
appeal against conviction, may not be competent to permit
compounding of an offence based on a settlement arrived at
between the parties in cases where the offences are not
compoundable under Section 320, the High Court may quash
the prosecution even in cases where the offences with which
the accused stand charged are non-compoundable. The
inherent powers of the High Court under Section 482 Criminal
Procedure Code are not for that purpose controlled by Section
320 Criminal Procedure Code Having said so, we must hasten
to add that the plenitude of the power under Section 482
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Criminal Procedure Code by itself, makes it obligatory for the
High Court to exercise the same with utmost care and caution.
The width and the nature of the power itself demands that its
exercise is sparing and only in cases where the High Court is,
for reasons to be recorded, of the clear view that continuance
of the prosecution would be nothing but an abuse of the
process of law. It is neither necessary nor proper for us to
enumerate the situations in which the exercise of power under
Section 482 may be justified. All that we need to say is that the
exercise of power must be for securing the ends of justice and
only in cases where refusal to exercise that power may result
in the abuse of the process of law. The High court may be
justified in declining interference if it is called upon to
appreciate evidence for it cannot assume the role of an
appellate court while dealing with a petition under Section 482
of the Criminal Procedure Code. Subject to the above, the High
Court will have to consider the facts and circumstances of each
case to determine whether it is a fit case in which the inherent
powers may be invoked.
11. In Parbatbhai Aahir v State of Gujarat, 2017:INSC:1003 [Para 15], (2017) 9 SCC
641, a three Judges Bench of Hon’ble Supreme Court, laid down the broad principles for
quashing of FIR, which are reproduced as follows: –
[16]. The broad principles which emerge from the precedents
on the subject, may be summarized in the following
propositions:
16 (i) Section 482 preserves the inherent powers of the High
Court to prevent an abuse of the process of any court or to
secure the ends of justice. The provision does not confer new
powers. It only recognises and preserves powers which inhere
in the High Court;
16 (ii) The invocation of the jurisdiction of the High Court to
quash a First Information Report or a criminal proceeding on
the ground that a settlement has been arrived at between the
offender and the victim is not the same as the invocation of
jurisdiction for the purpose of compounding an offence. While
compounding an offence, the power of the court is governed
by the provisions of section 320 of the Code of Criminal
Procedure, 1973. The power to quash under Section 482 is
attracted even if the offence is non-compoundable.
16 (iii) In forming an opinion whether a criminal proceeding or
complaint should be quashed in exercise of its jurisdiction
under Section 482, the High Court must evaluate whether the
ends of justice would justify the exercise of the inherent
power;
16 (iv) While the inherent power of the High Court has a wide
ambit and plenitude it has to be exercised; (i) to secure the
ends of justice or (ii) to prevent an abuse of the process of any
court;
16 (v) The decision as to whether a complaint or First
Information Report should be quashed on the ground that the
offender and victim have settled the dispute, revolves
ultimately on the facts and circumstances of each case and no
exhaustive elaboration of principles can be formulated;
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CRM-M-45995-202416 (vi) In the exercise of the power under Section 482 and
while dealing with a plea that the dispute has been settled, the
High Court must have due regard to the nature and gravity of
the offence. Heinous and serious offences involving mental
depravity or offences such as murder, rape and dacoity cannot
appropriately be quashed though the victim or the family of
the victim have settled the dispute. Such offences are, truly
speaking, not private in nature but have a serious impact upon
society. The decision to continue with the trial in such cases is
founded on the overriding element of public interest in
punishing persons for serious offences;
16 (vii) As distinguished from serious offences, there may be
criminal cases which have an overwhelming or predominant
element of a civil dispute. They stand on a distinct footing in so
far as the exercise of the inherent power to quash is
concerned;
16 (viii) Criminal cases involving offences which arise from
commercial, financial, mercantile, partnership or similar
transactions with an essentially civil flavour may in
appropriate situations fall for quashing where parties have
settled the dispute;
16 (ix) In such a case, the High Court may quash the criminal
proceeding if in view of the compromise between the
disputants, the possibility of a conviction is remote and the
continuation of a criminal proceeding would cause oppression
and prejudice; and
16 (x) There is yet an exception to the principle set out in
propositions (viii) and (ix) above. Economic offences involving
the financial and economic well-being of the state have
implications which lie beyond the domain of a mere dispute
between private disputants. The High Court would be justified
in declining to quash where the offender is involved in an
activity akin to a financial or economic fraud or
misdemeanour. The consequences of the act complained of
upon the financial or economic system will weigh in the
balance.
12. In Ramgopal v. The State of Madhya Pradesh, Cr.A 1489 of 2012, decided on
29.09.2021, Hon’ble Supreme Court holds,
[11]. True it is that offences which are ‘non-compoundable’
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 320 Cr.P.C, which is the exclusive
domain of Legislature. There is no patent or latent ambiguity
in the language of Section 320 Cr.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 framework of
Section 320 Cr.P.C. is not an embargo against invoking
inherent powers by the High Court vested in it under Section
482 Cr.P.C. The High Court, keeping in view the peculiar facts
and circumstances of a case and for justifiable reasons can
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press Section 482 Cr.P.C. in aid to prevent abuse of the
process of any Court and/or to secure the ends of justice.
[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.
[13]. It appears to us those criminal proceedings involving non-
heinous offences or where the offences are predominantly 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
postconviction, 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 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. [(2014) 6 SCC 466, 29], and Laxmi
Narayan [(2019) 5 SCC 688, 15].
[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 between 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.”
13. In Shakuntala Sawhney v Kaushalya Sawhney, (1979) 3 SCR 639, at P 642, Hon’ble
Supreme Court observed that the finest hour of Justice arises propitiously when parties,
who fell apart, bury the hatchet and weave a sense of fellowship or reunion.
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14. In the light of the judicial precedents referred to above, given the terms of
compromise, placement of parties, and other factors peculiar to the case, the contents
of the compromise deed and its objectives point towards its acceptance.
15. In Himachal Pradesh Cricket Association v State of Himachal Pradesh,
2018:INSC:1039 [Para 47], 2018 (4) Crimes 324, Hon’ble Supreme Court holds “[47]. As
far as Writ Petition (Criminal) No. 135 of 2017 is concerned, the appellants came to this
Court challenging the order of cognizance only because of the reason that matter was
already pending as the appellants had filed the Special Leave Petitions against the order
of the High Court rejecting their petition for quashing of the FIR/Chargesheet. Having
regard to these peculiar facts, writ petition has also been entertained. In any case, once
we hold that FIR needs to be quashed, order of cognizance would automatically stands
vitiated.”
16. Considering the entire facts, compromise, and in the light of the above-
mentioned judicial precedents, I believe that continuing these proceedings will not
suffice any fruitful purpose whatsoever.
17. In the facts and circumstances peculiar to this case, the Court invokes the
inherent jurisdiction under section 528 BNSS, 2023 and quashes the FIR and all
subsequent proceedings qua the petitioner(s). The bail bonds of the petitioners are
accordingly discharged.
Petition allowed in the terms mentioned above. All pending application(s), if any,
stand closed.
(ANOOP CHITKARA)
JUDGE
October 28, 2024
AK
Whether speaking/reasoned : Yes
Whether reportable : No
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