Criminal Misc. No.M-13694 of 2008.
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In the High Court of Punjab and Haryana at Chandigarh.
Criminal Misc.No.M-13694 of 2008.
Date of decision:24.9.2008.
Swaran Singh and others.
...Petitioners.
Versus
Jaswant Singh and another.
...Respondents.
...
Criminal Misc.No.M-14314 of 2008.
Date of decision:24.9.2008.
Jaswant Singh and others.
...Petitioners.
Versus
State of Punjab and others.
...Respondents.
...
Coram: Hon'ble Mr. Justice K. C. Puri.
...
Present: Mr.Ashok Khichi Advocate for Mr.Ashish Pal Kaushal,
Advocate for the petitioners in Criminal Misc.No.M-
13694 of 2008.
Mr. Amit Dhawan Advocate for respondent Nos.1 and 2
Criminal Misc. No.M-13694 of 2008.
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in Criminal Misc.No.M-13694 of 2008.
Mr.Amit Dhawan Advocate for the petitioners in
CriminalMisc.No.M- 14314 of 2008.
Mr. Ashok Khichi Advocate for Mr.Ashish Pal
Kaushal, Advocate for respodent Nos.2 and 3.
...
K. C. Puri, J.
Judgment.
Vide this common judgment, I intend to dispose of both
the petitions, fully detailed above, as common questions of fact and
law are involved in the same.
In both these petitions, the relief claimed is for quashing
complaint case dated 7.9.2000,titled as Jaswant Singh Versus
Swaran Singh and others, under Sections 323, 324, 326, 506,
342, 148 and 149 IPC, pending in the Court of Sub Divisional
Judicial Magistrate, Baba Bakala District Amritsar and FIR No.119
dated 11.7.2000, under Sections 323, 324, 326/34 IPC, registered
at Police Station Beas, District Amritsar and the judgments of
convictions dated 15.1.2008 passed in the complaint case and the
State case.
The accused in the State case as well as in the
complaint, mentioned above, were convicted and their appeals are
pending.
Criminal Misc. No.M-13694 of 2008.
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The case of both the sets of petitioners is that they have
entered into a compromise and on the basis of same, they seek
quashing, as noticed earlier.
In authority in case Kulwinder Singh and others
Versus State of Punjab and another, 2007(3) RCR (Criminal)
1052, Five Judges Bench of the Punjab and Haryana High Court,
has held that compromise can be allowed even in non-
compoundable offences if the compromise is fair and voluntary. It
is the sine qua non of harmony and orderly behaviour. It has been
further held that it is the soul of justice and if the power under
Section 482 of the Cr.P.C, is used to enhance such a compromise
which, in turn, enhances the social amity and reduces friction, then
it truly is finest hour of justice. In para No.29 of the said judgment,
it has been held as under:-
“The only inevitable conclusion from the above
discussion is that there is no statutory bar under the
Cr.P.C, which can affect the inherent power of this
Court under Section 482. Further, the same cannot be
limited to matrimonial cases alone and the Court has the
wide power to quash the proceedings even in non-
compoundable offences notwithstanding the bar under
Section 320 of the Cr.P.C, in order to prevent the abuse
Criminal Misc. No.M-13694 of 2008.
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of law and to secure the ends of justice.”
Both the parties have been convicted. By the
compromise, the bad blood which has occurred shall be siphoned
off and the parties will be able to live peacefully.
In the authority, Sukhwinder Singh and others Versus
State of Punjab and another, 2008(3) RCR (Criminal) 991,
compromise was allowed even in non-compoundable offence, after
conviction.
In view of settled position of law and keeping in view
the fact that there is no impediment to grant permission to the
parties to compound the offence, the offences mentioned in the
above-said FIR and the complaint are allowed to be compounded.
The first Appellate Court shall record its satisfaction and after its
satisfaction, in view of permission granted to the parties to
compound the offences in question, the Appellate Court shall pass
appropriate orders.
Both the petitions are disposed of in the manner
indicated above.
September 24,2008. ( K. C. Puri ) Jaggi Judge