Sandeep Singh Sodhi vs State of Punjab and another

M.M.S. Bedi, J

This is a petition u/s 482 Cr.P.C. for quashing FIR No.39 dated 22.5.2011 registered u/s 376 IPC at Police Station, Kalanaur, District Gurdaspur on the basis of compromise (Annexure P-2) and affidavits (Annexure P-3 and P-4) effected between the parties. On 17.5.2012, a co-ordinate Bench of this Court had passed the following order:

Quashing of FIR No. 39, dated 22.5.2011 registered u/s 376 IPC at Police Station Kalanaur, District Gurdaspur is sought, on the basis of compromise (Annexure-P-2) and affidavits (Annexures-P-3 and P-4) effected between the parties.

Upon notice, reply has been filed on behalf of State of Punjab by way of affidavit of Garib Dass, PPS Deputy Superintendent of Police (Control Room) Gurdaspur, wherein it has been stated that after joining investigation, a compromise was effected between the parties, and the same was produced before the police and even respondent No. 2 and her parents had confirmed having compromised the matter with the intervention of respectables and got recorded their statements that they have no objection if FIR No.39 dated 22.5.2010, registered u/s 376 IPC at Police Station Kalanaur, District Gurdaspur is quashed. It may also be noticed that statement of the complainant Tabitha was also recorded by the trial Court, which reads as under:

Statement of Tabitha aged 17 years, d/o James Masih, r/o Sangatpur, Gurdaspur complainant.

Stated that I am the complainant of the present case. I have love affair with one Sandeep Singh Sodhi, s/o Kuldeep Singh Sodhi, r/o Sangatpur who promised to marry me and have sexual relations with me. On my statement this case has been registered against him but with the intervention of the respectable of locality compromise has been arrived in us. So I do not pursue this case against him and I agree with the cancellation report filed by the police and I have no objections if the present cancellation report is submitted.

Keeping in view the findings of the investigation and the statement of the complainant, the police filed cancellation report in the said FIR. However, the said cancellation report was not accepted by the Chief Judicial Magistrate, Gurdaspur on the ground that offence u/s 376 IPC is not compoundable. Faced with this situation, the petitioner has approached this Court by way of filing this petition, challenging the aforesaid order.

Another affidavit of Angrez Singh, PPS, Deputy Superintendent of Police, Headquarters, Gurdaspur has been filed on behalf of respondent No. 1, wherein it has been stated that after the order dated 17.10.2011, re-investigation has also been done and cancellation report is being prepared again.

Keeping in view the aforesaid facts and circumstances, further proceedings before the trial Court are stayed.

List on 18.7.2012.

In the meantime, the respondent may file the cancellation report, to be prepared by them, in this Court.

The cancellation report prepared by the investigating agency has been submitted before this Court. I have gone through the cancellation report and the earlier statement made by the prosecutrix. The matter has been further investigated and the prosecution agency has again prepared the cancellation report which has been accepted by higher authorities and then presented before this Court.

Statement of prosecutrix earlier recorded indicates that she has shown her age as 17 years but has admitted an affair with the petitioner. She has also stated that she has got no objection in case cancellation report is accepted.

In such heinous offences, quashing of FIR is not permissible on the basis of compromise, the offence being a crime against the society but keeping in view the peculiar facts and circumstances of this case that prosecutrix, with the intervention of her family members, has shown magnanimity to resile from the original version, the chances of conviction of the petitioner are remote.

It has been informed that it is difficult for the prosecutrix to appear before the Court time and again as her matrimonial prospects are likely to be affected in view of the social conditions of her society. Considering the present case to be a special case where on investigation and further investigation, the prosecution agency has opted to present cancellation report, in the interest of justice, I deem it appropriate to permit the quashing of FIR and criminal proceedings on the basis of compromise as chances of success of the prosecution case are remote. The statement of Tabitha made before the Court earlier is sufficient enough to accept the cancellation report as counsel for the complainant, Mr. Sunil Garg, Advocate has submitted that he has got instructions to state that the complainant has no objection in case cancellation report is accepted.

In view of the nature of the crime committed by the petitioner; the precious time of the police and State authorities having been wasted; the petitioner having played with the sentiments of a girl of minority from lower strata of society, it is deemed appropriate, in the interest of justice, to compensate the victim of the crime in view of the magnanimity shown by her towards the petitioner.

The FIR No.39 dated 22.5.2011 registered u/s 376 IPC at Police Station, Kalanaur, District Gurdaspur is quashed on the basis of compromise following the ratio of judgment in Kulwinder Singh & others vs. State of Punjab & another 2007(3) RCR (Criminal) 1052, subject to the condition that petitioner will deposit a sum of Rs. 1 lac with Punjab State Legal Services Authority, within a period of two months in two instalments. The 1st instalment of Rs. 50,000/- be paid within one month. The above statement amount, after being deposited, will be paid by the Punjab State Legal Services Authority to the prosecutrix or her parents as compensation to a victim of the crime. It is made clear that in case the amount is not deposited, this petition will be deemed to have been dismissed and the cancellation report submitted will be deemed to have been rejected subject to further orders passed by this Court.

Disposed of