In this post we discuss about quashing of FIR when both the parties compromise in matrimonial disputes under the inherent powers of the court mentioned in Section 482 Criminal Procedure Code, 1973 between couple involving Husband & wife.
INTRODUCTION:-Compromise quashing is filed in case of Non-Bailable Offence and non-compoundable Offences (S. 320 Cr.P.C.) or Offences under the Special Act which are non-compoundable in nature. In Case of compromise quashing when the parties compromise the matter with each other and deed of compromise is written between then they approach the Hon’ble High Court of Punjab and Haryana at Chandigarh for quashing of the case FIR or Complaint lodged by one party against the other party. Partial compromise is not permitted, though these are not beyond the vast powers of the Hon’ble High Court of Punjab and Haryana at Chandigarh U/s 482 Cr.P.C. When the parties approach the competent court of Jurisdiction and ask for the relief of quashing of FIR or complaint then keeping in view of the gravity of the Offence the High court of Punjab and Haryana at Chandigarh grants the relief of quashing. In cases in which Offence is of grave nature and involves the moral turpitude the compromise quashing is not done. Also where the state has no objection in that case only compromise quashing is permitted, otherwise objection is dealt with by the Hon’ble Court. In Kulwinder Singh vs State of Punjab 2007 (3) RCR(Criminal) has held that High Court has wide powers to quash the proceeding even in non-compoundable Offences.
WHO:
Nitin Garg Petitioner
VERSUS
State of Haryana and another Respondents
WHAT:
Mr. Siddhartha, Advocate puts in appearance of his own on behalf of respondent No.2 by filing memo of appearance. He is directed to file power of attorney by the next date of hearing. Notice of motion.
WHEN:
CRM-24085-2020 Prayer in the present application is for preponing the date of hearing in the main petition from 15.12.2020 to some actual date.
WHERE:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
WHY:
High Court was of the view that a decision which is based on compromise causes no loss to any party rather it would bring peace and harmony between the parties to a dispute and restore tranquility in the society.
ALSO READ- CHANDIGARH HIGH COURT FIR QUASHING IN CASE OF PO
HOW:
Keeping in view the fact that the matter has been amicably resolved between the parties and the dispute having been amicably settled and in the light of ratio of judgment of the Hon’ble Supreme Court.
FACTS:
In the light of oral submissions of the parties that they have effected compromise, they are directed to put in appearance before the Illaqa Magistrate, Police Station Sirsa City, District Sirsa within 15 days from today to record their statements and the Illaqa Magistrate shall make a report as to its satisfaction if the same is outcome of voluntariness, without any coercion or threat and submit it back before the next date of hearing alongwith the statements recorded in original. The 2 of 4 CRM-24085-2020 & CRM-M-35337-2019 .Magistrate shall also intimate if any of the parties to this petition has been declared as proclaimed offender. For report, list on 23.04.2020, on which date, private parties to petition shall appear personally before this Court.”In pursuance of the said order, parties had appeared before the Chief Judicial Magistrate, Sirsa, and got recorded their respective statements. On the basis of the said statements of the petitioner as well as respondent No.2-complainant, report dated 18.12.2019 has been submitted by the Chief Judicial Magistrate, Sirsa, according to which complainant- Neha (respondent No.2 herein) and Nitin Garg (petitioner herein) have stated that they have settled the matter voluntarily with their free will. Opinion has also been expressed by the Court that the compromise between the parties has been effected voluntarily, with free will and in order to settle the dispute between the parties. The compromise appears to be genuine and none of the parties has been declared as proclaimed offender in the case.
ISSUES:
Counsel for the petitioner, on the basis of said report dated 18.12.2019 of the Chief Judicial Magistrate, Sirsa, as also the compromise dated 31.05.2019 (Annexure P-2), which has been entered into between the parties, followed by divorce decree dated 07.12.2019 granted to the petitioner as well as respondent No.2 under Section 13-B of the Hindu Marriage Act, asserts that the matter having been amicably resolved between the erstwhile husband and the wife and the parties have even acted thereupon, the present petition be allowed and the FIR, Annexure P-1 registered against the petitioner alongwith all consequential proceedings arising therefrom be quashed.
CITED JUDGEMENTS QUOTED ON SETTLED LAW:
Punjab and Haryana High Court: This petition was filed before the Bench of Jaishree Thakur, J., under Section 482 of Criminal Procedure Code invoking the inherent power of High Court seeking quashing of FIR registered under Sections 498-A, 406, 323, 506 and 34 of Penal Code and all subsequent proceedings arising therefrom on the basis of compromise entered between the parties.
Facts of the case were that the respondent was married with petitioner and out of this wedlock, a child was born. However, temperamental differences arose between the husband and wife and FIR was registered by respondent. But the same was compromised between the two with the intervention of respectable persons. It was submitted before the Court that their statements were recorded in support of the compromise. In pursuance of which a report was received from the Judicial Magistrate (First Class) stating that the compromise was done without any pressure or coercion from anyone. DAG, Haryana had admitted before the Court that the parties had settled their dispute and had no objection to the quashing of the FIR.
High Court was of the view that a decision which is based on compromise causes no loss to any party rather it would bring peace and harmony between the parties to a dispute and restore tranquility in the society. In the light of nature of offence alleged and compromise entered between the parties continuing the prosecution was considered futile. Therefore, this petition was allowed and FIR was quashed. [Vikas Khatri v. State of Haryana, CRM-M-38284-2017 (O&M), decided on 01-08-2018]
ALSO READ- HIGH COURT CHANDIGARH QUASHING OF FIR IN MATRIMONIAL DISPUTES
FINDINGS OF COURT:
Although counsel for complainant-respondent No.2 has not put 3 of 4 CRM-24085-2020 & CRM-M-35337-2019 :{ 4 }:
in appearance today but in the light of the statements, which have been recorded by the Chief Judicial Magistrate, Sirsa and sent alongwith her report dated 18.12.2019, a perusal whereof indicates that on the basis of compromise dated 31.05.2019 (Annexure P-2) decree of divorce has also been passed, there appears to be no opposition to the prayer made in the present petition.
Keeping in view the fact that the matter has been amicably resolved between the parties and the dispute having been amicably settled and in the light of ratio of judgment of the Hon’ble Supreme Court in Criminal Appeal No.1723 of 2017, titled as ‘Parbatbhai Aahir @ Parbhabhai Bhimsinhbhai Karmur & others Vs. State of Gujarat & another, decided on 04.10.2017 and in the judgment of Narinder Singh & others Vs. State of Punjab & another, 2014 (2) R.C.R. (Criminal) 482 as also the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another, 2007 (3) RCR (Criminal) 1052, the present petition is allowed. FIR No.144, dated 05.03.2012 registered under Sections 406, 498A, later on 506, 34 IPC (Section 34 IPC was deleted lateron) at Police Station Sirsa City, District Sirsa, along with all consequential proceedings arising therefrom are hereby quashed qua the present petitioner only.
CONCLUSION:
In view of the above expositions, it has been clearly held by the Apex Court that the High Court while exercising its power under Section 482 and dealing with a plea that the dispute has been settled, the Court must have due regard to the nature and gravity of the Offence. Further, it has been observed 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.
ALSO READ- HIGH COURT SEEKS REPLY ON QUASHING OF FIR
For case specific advice on quashing of fir from expert criminal lawyers of Punjab and Haryana High Court may also be contacted from Chandigarh Panchkula Mohali Zirakpur Kharar Derabassi Baltana Mullanpur etc.
This post is written by Pranothi Rama
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