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Punjab-Haryana High Court
Amrinder Singh And Others vs State Of Punjab And Another on 10 March, 2021225
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH

CRM-M-39879 of 2019 (O&M)
Decided on:- March 10, 2021.

Amrinder Singh and others
………Petitioners.
Versus

The State of Punjab and another
………Respondents.

CORAM: HON’BLE MR. JUSTICE HARI PAL VERMA.

*****

Present:- Mr. Rajesh K. Dadwal, Advocate
for the petitioners.

Mr. Manreet Singh Nagra, A.A.G., Punjab.

None for respondent No.2.

HARI PAL VERMA, J. (Oral)

The matter has been taken up for hearing through video

conferencing due to outbreak of COVID-19.

CRM-27554-2020

Documents i.e. copy of order dated 18.09.2019 passed by this

Court in the main case (Annexure P-5), copy of certificate dated 30.06.2018

(Annexure P-6), copy of passport of petitioner No.1 (Annexure P-7), copy of

judgment dated 04.03.2020 passed by learned Additional Civil Judge (Senior

Division), Zira, District Ferozepur (Annexure P-8) and photographs

(Annexure P-9) are taken on record, subject to all just exceptions.

CRM stands disposed of.

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CRM-7114-2021

The copy of judgment dated 19.01.2018 (Annexure P-10) passed

by the co-ordinate Bench of this Court in CRM-M-31825 of 2017 titled as

Deepak Versus State of Haryana and another and the copy of judgment

dated 05.03.2020 (Annexure P-11) passed by the co-ordinate Bench of this

Court in CRM-M-47266 of 2019 titled as Pankaj @ Sikandar Kumar Versus

State of U.T., Chandigarh and another are taken on record, subject to all just

exceptions.

CRM stands disposed of.

CRM-M-39879-2019

The petitioners have filed present petition under Section 482

Cr.P.C. for quashing of FIR No.84 dated 05.08.2018 under Sections 376, 420

and 120-B IPC registered at Police Station Mehtiana, District Hoshiarpur

(Annexure P-1) and all subsequent proceedings arising therefrom on the basis

of compromise deed dated 07.09.2019 (Annexure P-2).

The aforesaid FIR was registered against the petitioner at the

behest of respondent No.2-complainant. As per the FIR, the prosecutrix-

complainant had gone to Singapore in December, 2014 on maid work visa,

where she worked as a child care-taker in Clementi city. There, she met with

petitioner No.1 Amrinder Singh. Since the petitioner No.1 and respondent

No.2-prosecutrix belong to the State of Punjab, they became friendly.

Petitioner No.1 projected himself as unmarried and he proposed the

prosecutrix-respondent No.2 for marriage to which the prosecutrix had stated

that she would like to talk with her mother about the marriage proposal. One

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day, petitioner No.1 took the prosecutrix to a hotel and he booked a room

there and committed rape upon her on the pretext of marriage. Thereafter, she

was taken to various places, where the offence of rape was committed. On

04.11.2017, petitioner No.1 brought her (prosecutrix) to his village, where

they resided in the house of petitioner No.1. The prosecutrix asked the

petitioner No.1 to solemnise marriage as per the religious rites and rituals, but

the petitioner No.1 and his family members kept on putting off the matter on

one pretext or the other. However, in order to satisfy the prosecutrix,

petitioner No.1 had organized a reception party on 26.11.2017 in his house,

where the members of both families came. Later on, the prosecutrix came to

know that petitioner No.1 is already married with one Tanya resident of

Patiala and had not taken divorce from her (Tanya).

Since this petition was filed for quashing of F.I.R. on the basis of

compromise, this Court vide order dated 18.09.2019 had directed the parties

to appear before the Illaqa Magistrate/trial Court to get their respective

statements recorded with regard to compromise and the Court was directed to

send its report qua genuineness of the compromise.

Pursuant to the aforesaid order, the parties had appeared before

learned Judicial Magistrate 1st Class, Hoshiarpur and got their statements

recorded on 04.11.2019. On the basis of the statements so recorded by the

parties, learned Magistrate has submitted the report dated 27.11.2019 to the

effect that the compromise is entered without any fear or favour and the same

has been entered into between the parties of their free will and without any

coercion or pressure.

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Though no one has put in appearance on behalf of the respondent

No.2-complainant Harvinder Kaur, but this Court finds that it would not cause

any prejudice to her as she has already made her statement before learned

Magistrate on 04.11.2019 in support of compromise. Her statement so

recorded by learned Magistrate on 04.11.2019 reads as under:

“Stated that on my statement one FIR no.0084 dated
05.8.2018 u/s 376, 420, 120-B IPC was registered at PS
Mehtiana District Hoshiarpur against the accused namely
Amrinder Singh s/o Pritam Singh, Pritam Singh s/o Pooran
Singh, Paramjeet Kaur w/o Pritam Singh and Gajjan Singh s/o
Pooran Singh all r/o village Sillevind Tehsil Zira District
Ferozepur. With the intervention of village Panchayats I have
effected compromise dated 19 July 2019 with the accused which
is annexed with petition before Hon’ble Punjab and Haryana
High Court. All the misunderstandings between me and accused
Amrinder Singh have been clarified. Copy of compromise is
Ex.P1. copy of affidavit given by me before Hon’ble Punjab and
Haryana High Court is Ex.P2. I do not have any ill will against
accused persons and said compromise has been entered by me
with my own free will and without any coercion/undue influence
from the other side. The above said mentioned FIR may kindly be
quashed on the basis of compromise.”

Learned counsel for the petitioner has submitted that the

petitioner No.1 and respondent No.2 are staying together as husband and

wife. Even the marriage between petitioner No.1 Amrinder Singh and Tanya

has already been dissolved by way of decree of divorce by way of mutual

consent under Section 13-B of the Hindu Marriage Act, 1955. He has referred

to the copy of judgment dated 04.03.2020 passed by learned Additional Civil

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Judge (Senior Division), Zira, District Ferozepur (Annexure P-8) in support

of his contention.

He has relied upon the judgments (Annexures P-10 and P-11)

passed by this Court in Deepak’s case (supra) and Pankaj @ Sikandar

Kumar’s case (supra), whereby the FIRs in those cases registered inter alia

under Section 376 IPC were quashed on the basis of compromise.

Learned State counsel has argued that though the petitioner No.1

and the respondent No.2-prosecutrix have solemnised marriage with each

other, but it being the offence under Section 376 IPC, the FIR cannot be

quashed even on the basis of compromise.

I have heard learned counsel for the parties.

Under Section 482 Cr.P.C., the inherent jurisdiction of the Court

can be exercised in order to give effect to an order under the Cr.PC or to

prevent the abuse of process of law or to secure the ends of justice. In Inder

Mohan Goswami Versus State of Uttaranchal (2007) 12 SCC 1, while

underlining the scope of Section 482 Cr.P.C., the Apex Court observed in

paragraph Nos.23 and 24 of the judgment as under:

“23. This Court in a number of cases has laid down the scope
and ambit of courts’ powers under Section 482 CrPC. Every
High Court has inherent powers to act ex debito justitiae to do
real and substantial justice, for the administration of which
alone it exists, or to prevent abuse of the process of the court.
Inherent power under Section 482 CrPC can be exercised:
(i) to give effect to an order under the Code;
(ii) to prevent abuse of the process of the court, And
(iii) to otherwise secure the ends of justice.

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24. Inherent powers under Section 482 Cr.P.C. though wide
have to be exercised sparingly, carefully and with great caution
and only when exercise is justified by the tests specifically laid
down in this section itself. Authority of the court exists for the
advancement of justice. If any abuse of the process leading to
injustice is brought to the notice of the court, then the court
would be justified in preventing injustice by invoking inherent
powers in absence of specific provisions in the statute.”

Similarly, in the case of State of Haryana v. Bhajan Lal 1992

Supp (1) SCC 35, Hon’ble the Apex Court has conducted an elaborate study

of the situations where the Court may exercise its extraordinary jurisdiction

and laid down a list of examples whereby quashing may be appropriate. In the

said case it was noted that quashing may be appropriate where:

“102(1) Where the allegations made in the first information
report or the complaint, even if they are taken at their face value
and accepted in their entirety do not prima facie constitute any
offence or make out a case against the accused.
xx xx xx xx xx
(7) Where a criminal proceeding is manifestly attended with
mala fide and/or where the proceeding is maliciously instituted
with an ulterior motive for wreaking vengeance on the accused
and with a view to spite him due to private and personal
grudge.”

The law on the point of quashing of FIRs dealing with non-

compoundable offences on the basis of compromise has been laid down by

the Hon’ble Supreme Court in plethora of judgments. As held by the Hon’ble

Supreme Court, powers under Section 482 Cr. P.C. are much more wider than

that under section 320 Cr.P.C. The underlying object of the High Court while

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exercising power under Section 482 Cr.P.C. in such cases, as laid down in

Narinder Singh Versus State of Punjab (2014) 6 SCC 466, must be to meet

the ends of justice or to prevent abuse of the process of law before any court.

The Supreme Court in State of Madhya Pradesh Versus Laxmi Narayan

2019(5) SCC 688 has laid down that the power conferred under Section 482

of the Code, to quash the criminal proceedings for non-compoundable

offences, is not to be exercised in those prosecutions which involves heinous

and serious offences of mental depravity or offences like murder, rape,

dacoity, etc. Such offences are not private in nature and have a serious impact

on society. However, the High Court would not rest its decision merely

because there is a mention of such offence in the FIR. It would be open to the

High Court to examine as to whether incorporation of the offence is there for

the sake of it or the prosecution agencies have collected sufficient evidence,

which if proved, would lead to framing of charge and the conviction,

ultimately.

As far as the offence of rape is concerned, Hon’ble Supreme

Court in State of M.P. Versus Madan Lal 2015 (7) SCC 681 after

considering Shimbhu and Anr. Versus State of Haryana 2014 (13) SCC 318,

has reiterated that rape is a non-compoundable offence and being an offence

against the society at large, it cannot be left for the parties to compromise and

settle. The Court has delivered such a ruling, doubting the genuineness of the

compromise and considering the fact that the perpetrator of crime accedes to

enter into wedlock with the victim in order to put pressure upon her in an

adroit manner.

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In the background of the present case when the parties have

solemnised marriage and the matter has been compromised between the

parties and the petitioner No.1 and respondent No.2 are staying together as

husband and wife, this Court finds that the present is not one of those cases

wherein the allegations are of extreme depravity, perversity and cruelty exist.

In order to reach the ends of justice, this Court finds that the present is a fit

case, so as to exercise the powers vested in this Court under Section 482

Cr.P.C. In fact, continuation of the proceedings before the trial Court in the

instant FIR qua the petitioners would be total abuse of the process of law. The

continuation of such proceedings would not only be wastage of time, but it

would cause unnecessary burden on the functioning of trial Court, of course,

in the background of peculiar facts as emerged in the present case.

In the present case, the prosecutrix has made a statement before

the trial Court that she is not desirous of prosecuting the accused persons any

further. Obviously, the petitioner No.1 and respondent No.2 have solemnised

marriage and are staying together. Therefore, the chances of conviction of the

petitioners in the case are quite bleak, as the prosecutrix is not likely to

support the case of prosecution, as is evident from her statement made before

learned Magistrate.

Thus, considering the compromise entered into between the

parties and following the principles laid down by the Full Bench judgment of

this Court in Kulwinder Singh and others Versus State of Punjab and

another 2007 (3) RCR (Criminal) 1052 and approved by the Hon’ble

Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10

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SCC 303 as well as in the light of the judgments passed by this Court in

Deepak’s case (supra) and Pankaj @ Sikandar Kumar’s case (supra), the

present petition is allowed and the of FIR No.84 dated 05.08.2018 under

Sections 376, 420 and 120-B IPC registered at Police Station Mehtiana,

District Hoshiarpur (Annexure P-1) and all consequential proceedings arising

therefrom are quashed qua the petitioners on the basis of compromise deed

dated 07.09.2019 (Annexure P-2).
(HARI PAL VERMA)
March 10, 2021 JUDGE
Yag Dutt

Whether speaking/reasoned: Yes

Whether Reportable: No

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