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  • Sections 326,324, 323, 148, 149 IPC)
  • Sections 324, 323, 148, 149 IPC,
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Citation Codes
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citation codes
Case Number
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Acts
  • Sections 326,324, 323, 148, 149 IPC)
  • Sections 324, 323, 148, 149 IPC,
Smart Summary

Factual and Procedural Background

The opinion concerns two petitions, Crl.M No. M-3982 of 2014 (Harnam Singh v. State of Punjab) and Crl.M No. M-5341 of 2014 (Rano Bai v. State of Punjab), both arising from the same FIR No. 21 dated 28.1.2002 registered at Police Station Sadar Fazilka, District Ferozepur. The FIR was registered under Sections 324, 323, 148, and 149 of the Indian Penal Code (IPC), with chargesheet under Sections 326, 324, 323, 148, and 149 IPC. The petitions sought quashing of the original FIR and its cross version on the basis of a compromise between the parties.

The petitioners were convicted by trial court judgment dated 29.11.2011 and had preferred appeals. During the pendency of these appeals, the parties arrived at a compromise, which was reported by the Appellate Court and placed on record. Counsel for both parties also confirmed the compromise before this Court.

Legal Issues Presented

  1. Whether the FIR and its cross version can be quashed on the basis of a compromise between the parties after conviction at the appellate stage.
  2. The applicability and scope of the Court's power under Section 482 of the Criminal Procedure Code (Cr.P.C.) to quash criminal proceedings post-conviction based on compromise.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Lal Chand v. State of Haryana 2009 (5) RCR (Criminal) 838 Allowing compromise after conviction at appellate stage Supported the acceptance of compromise in the present case after conviction and during appeal
Chhota Singh v. State of Punjab 1997 (2) RCR (Criminal) 392 Allowing compromise after conviction at appellate stage Reinforced the principle that compromise can be accepted post-conviction
Kulwinder Singh v. State of Punjab 2007 (3) RCR (Criminal) 1052 Power under Section 482 Cr.P.C. to quash proceedings to promote social harmony Quoted to highlight that compromise is essential for social amity and justice, justifying quashing of FIR and cross version

Court's Reasoning and Analysis

The Court acknowledged that the parties had arrived at a compromise during the pendency of their appeals against convictions arising from the FIR and its cross version. The Court referred to its power under Section 482 Cr.P.C., which allows it to quash criminal proceedings to promote justice and social harmony. The Court relied on precedents where compromises were accepted after conviction at the appellate stage, emphasizing that such compromises reduce social friction and enhance harmony. Given that the parties had resolved their differences and were living together, the Court found it appropriate to accept the compromise. Consequently, the Court quashed the FIR and its cross version, set aside the conviction judgments, and acquitted the petitioners based on the compromise.

Holding and Implications

DISPOSED OF

The Court accepted the compromise between the parties, quashed the FIR and its cross version, set aside the conviction judgments dated 29.11.2011, and acquitted the petitioners. The decision directly affects the parties by terminating the criminal proceedings and nullifying the convictions. No new precedent was established beyond reaffirming the Court's power under Section 482 Cr.P.C. to quash proceedings post-conviction based on compromise to promote social harmony.

    Harnam Singh And Others Petitioners v. State Of Punjab And Others S

    K.C Puri, J.

    Vide this order, I intend to dispose of Crl.M No. M-3982 of 2014 titled as Harnam Singh v. State of Punjab and Crl.M No. M-5341 of 2014 titled as Rano Bai v. State of Punjab, as both these petitions have arisen out of the same FIR. Crl.M No. M-3982 of 2014 has been filed for quashing FIR No. 21 dated 28.1.2002, under Sections 324, 323, 148, 149 IPC, (charge sheeted under Sections 326,324, 323, 148, 149 IPC) registered at Police Station Sadar Fazilka, Tehsil Fazilka, District Ferozepur, where as Crl.M No. M-5341 of 2014 has been filed for quashing of cross version recorded in the abovesaid FIR under Sections 324, 323, 148, 149 IPC, on the basis of compromise.

    The petitioners of Crl.M No. M-3982 of 2014 and Crl.M No. M-5341 of 2014 were put to trial in the abovesaid FIR and cross version and vide judgment dated 29.11.2011 they were convicted. They preferred an appeal. During the pendency of the appeal, parties are stated to have arrived at a compromise.

    The report of the Appellate Court was called for. The report has been received in which it is mentioned that parties have arrived at a compromise. The compromise has also been placed on the record.

    Counsel for both the parties have also stated at the Bar that the matter has been compromised.

    This Court in authorities reported as Lal Chand v. State of Haryana2009 (5) RCR (Criminal) 838 and1 Chhota Singh v. State of Punjab1997 (2) RCR (Criminal) 392, allowed the compromise after conviction at the appellate stage. Otherwise also it is a case of cross version and parties have hatched their differences and they are living together. Even Full Bench of this Court in authority reported as Kulwinder Singh v. State of Punjab2007 (3) RCR (Criminal) 1052, in paragraph No. 28 of its judgment, has held as under:-

    “The compromise, in a modern society, is the sine qua non of harmony and orderly behaviour. 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”.

    So, keeping in view the abovesaid circumstances, the compromise stands accepted. The abovesaid FIR and its cross version stands quashed. Further proceedings, in pursuant to that FIR and cross version also stand quashed. The judgment of conviction dated 29.11.2011 in FIR case and in cross version, stands set aside and the petitioners of both the petitions stand acquitted in respect of FIR in question and its cross version, on the basis of compromise.

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    Harnam Singh And Others Petitioners v. State Of Punjab And Others S
    (May 6, 2014)