Punjab-Haryana High Court
Krishan And Others vs State Of Haryana And Another on 16 April, 2021CRM-M-37400-2020 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRM-M-37400-2020 (O&M)
Date of Decision: April 16, 2021
Krishan and others
…. Petitioners
Versus
State of Haryana and another
… Respondents
CORAM: HON’BLE MR.JUSTICE VIVEK PURI.
***
Present: Mr. Karan Kaushal, Advocate,
for the petitioners.
Mr. Rajneesh Chadwal, Asstt. Advocate General, Haryana
Mr. Anmol Jindal, Advocate,
for respondent no.2/complainant.
(The case has been taken up through video conferencing on
account of Covid-19 pandemic.)
-.-
Vivek Puri, J. (Oral)
Petitioners have approached this Court by way of instant petition
under Section 482 of the Code of Criminal Procedure (for short (‘Cr.P.C.’)
invoking its inherent jurisdiction for quashing of F.I.R. No. 264 dated
01.04.2013, registered under Sections 148, 149, 323, 324, 326 and 506 IPC
at Police Station Sadar, Karnal, as well as, for setting aside the judgment of
conviction dated 15.03.2019 and order of sentence dated 16.03.2019 passed
by the learned trial Court, vide which the petitioners have been convicted and
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sentenced to undergo rigorous imprisonment for a period of three years and
to pay a fine of Rs. 2000/- each, on the basis of compromise effected between
the parties.
Precisely, the case was registered on the allegation that on
31.03.2013, the petitioners have inflicted injuries on the persons of Gopi
Chand-complainant and his sister-in-law Rani. The petitioners were
convicted for having committed offence punishable under Sections 148, 323,
326 and 506 read with Section 149 of Indian Panel Code vide judgment of
conviction dated 15.03.2019 and sentenced to undergo rigorous
imprisonment for a period of three years and to pay a fine of Rs. 2000/- each
vide order dated 16.03.2019 passed by learned Judicial Magistrate 1st Class,
Karnal.
Notice of motion was issued on 12.11.2020 and following order
was passed:-
“Prayer in this petition is for quashing of FIR No. 264 dated
01.04.2013, registered under Sections 148, 149, 323, 324,
326 and 506 of the IPC at Police Station Karnal Sadar,
District Karnal as well as for setting aside the judgment of
conviction and order of sentence dated
15.03.2019/16.03.2019 passed by the trial Court, vide which
the petitioners have been convicted and sentenced to
undergo rigorous imprisonment for a period of three years
and to pay a fine of Rs. 2,000/- each.
Learned counsel for the petitioners submits that
appeal, preferred by the petitioners, is pending before the
lower appellate Court and now the matter stands
compromised between the parties. Learned counsel for the
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petitioners relies upon Sube Singh and another vs. State of
Haryana and another, 2013 (4) R.C.R. (Criminal) 102.
Notice of motion.
At this stage, Mr. Sumit Jain, Addl. A.G., Haryana
and Mr. Anmol Jindal, Advocate put in appearance and
accept notice on behalf of respondent No. 1/State and
respondent No. 2/complainant, respectively. Learned
counsel for respondent No. 2/complainant admits to the
factum of compromise entered into between the parties.
List again on 16.04.2021.
In the meantime, the parties are directed to appear
before the lower appellate Court for recording of their
statements with regard to compromise/settlement within a
period of 30 days from today.
The lower appellate Court is directed to submit a
report on or before the next date of hearing containing the
following information:
1. Number of persons arrayed as accused in FIR,
2. Whether any accused is proclaimed offender,
3. Whether the compromise is genuine, voluntary and
without any coercion or undue influence,
4. Whether the accused persons are involved in any
other FIR or not.
However, this will be subject to payment of Rs.
25,000/- as costs, to be deposited by the petitioners with the
District Legal Services Authority, concerned.”
In compliance of the order dated 11.11.2020, both the parties
have appeared before the learned Additional Sessions Judge, Karnal and got
their statements recorded. The learned Additional Sessions Judge, Karnal
after recording the statements of the parties, has sent his report dated
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15.01.2021, the relevant portion of which reads as under:-
“In this connection, it is respectfully submitted that the
complainant Gopi Chand @ Bittu son of Sh. Sher Singh and
injured PWs namely Chetan son of Sh. Sher Singh, Rani
wife of Shri Dhan Singh and Roshan son of Kehar Singh as
also the appellants / convicts Krishan and Balram sons of
Phool Singh, Phool Singh son of Hukam Chand, Ramu and
Shamu sons of Bhagta Ram and Smt. Labho Devi wife of
Bhagta Ram, duly identified by their counsel, appeared
before the court of undersigned on 11.12.2020 and got their
statements recorded. Complainant and injured PWs have
made a joint statement that they have compromised the
matter with appellants in terms of the compromise /
settlement dated 16.08.2020 Ex.PX and they have no
objection if the compromise is accepted and the appeal is
decided accordingly. They have been duly identified by
their counsel. Similarly, appellants / convicts have also
made a joint statement that they have compromised the
matter with the complainant and injured in terms of the
compromise / settlement Ex.PX. No other FIR has been
registered against them nor they have been declared
proclaimed offenders in any case. They have been duly
identified by their counsel.
Notice to the Investigating Officer (IO) of the case
was also issued and in pursuance to the notice IO SI Ved
Pal No. 233 KR appeared before the Court on 21.12.2020
and his statement was also recorded. In the FIR, six
persons namely the present appellants / convicts are
arrayed as accused. The IO has stated that as per record,
no other FIR / criminal case is registered / pending against
the accused and they have not been declared proclaimed
offender by any court of law.
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In view of the above, it is respectfully submitted that
they matter has been compromised between the parties with
their free will and consent and without any pressure and
coercion on either side as per the aforesaid statements and
the compromise Ex.PX effected between the parties is
genuine and valid. In the FIR, six persons namely the
present appellants/ convicts are arrayed as accused and as
per the statement of IO SI Ved Pal No.233 KR, no other FIR
or case has been registered against the accused nor the
accused have been declared proclaimed offenders in any
case. Appellants have also placed on record receipt dated
25.11.2020 showing deposit of costs Rs.25,000/- by the
appellants with the District Legal Services Authority,
Karnal.
The original statements of the parties as well as
statement of the IO SI Ved Pal No. 233 KR, copy of
compromise / settlement dated 16.08.2020 and copy of
receipt dated 25.11.2020 are appended herewith for kind
perusal.”
It has been further stated that costs of Rs. 25,000/- have also
been deposited with the District Legal Services Authority, Karnal, on
25.11.2020. Copy of the receipt has also been attached with the report of
learned Additional Sessions Judge, Karnal.
After hearing the learned counsel for the parties and going
through record of the case, this Court is of the considered opinion that it is a
fit case for exercising the inherent jurisdiction of this Court under Section
482 Cr.P.C., so as to secure the ends of justice because the parties have
arrived at an out of the Court settlement by way of compromise (Annexure P-
3. The compromise is without any pressure and a genuine one.
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For the aforesaid view, this Court finds support from Kulwinder
Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal)
1052, upheld by Hon’ble Apex Court in Gian Singh Vs. State of Punjab and
others (2012) 10 SCC 303,
In the decision rendered in Sube Singh and another Vs. State of
Haryana and another, 2013 (4) R.C.R. (Criminal) 102, the Division Bench
of this Court has laid down as following:-
“17. The magnitude of inherent jurisdiction exercisable
by the High Court under Section 482 Criminal Procedure
Code with a view to prevent the abuse of law or to secure
the ends of justice, however, is wide enough to include its
power to quash the proceedings in relation to not only the
non-compoundable offences notwithstanding the bar
under Section 320 Criminal Procedure Code but such a
power, in our considered view, is exercisable at any stage
save that there is no express bar and invoking of such
power is fully justified on facts and circumstances of the
case.”
The parties are stated to be residing in the neighbourhood and
the matter has been amicably settled with the intervention of respectables. In
such circumstances, the compromise will go a long way in maintaining
cordial and harmonious relations between the parties.
Considering the peculiar facts and circumstances of the case
noted above, coupled with the reasons aforementioned and to secure the ends
of justice, F.I.R. No. 264 dated 01.04.2013, registered under Sections 148,
149, 323, 324, 326 and 506 IPC at Police Station Sadar, Karnal on the basis
of compromise effected between the parties, is ordered to be quashed, as well
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as, the judgment of conviction dated 15.03.2019 and order of sentence dated
16.03.2019 passed by the learned trial Court are set aside. The petitioners are
acquitted and fine, if any, deposited be refunded. Furthermore, the appeal
preferred by the petitioners against the judgment of conviction dated
15.03.2019 and order of sentence dated 16.03.2019 would be rendered
infructuous and shall be so declared by the learned First Appellate Court
where the appeal is pending.
Resultantly, with the above-said observations made, the instant
petition stands allowed.
April 16, 2021 (VIVEK PURI)
vkd JUDGE
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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