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IN A CASE WHERE THE MODUS-OPERANDI OF CRIME IS NOT COMPLETELY KNOWN AND THE INVESTIGATING OFFICER IS OF THE OPINION THAT THE CASE IN HAND IS SUCH WHERE CUSTODIAL INTERROGATION IS ABSOLUTELY NECESSARY TO UNRAVEL THE DETAILS OF CRIME: PUNJAB AND HARYANA HIGH COURT.

This particular decision is upheld by the High Court of Haryana and Punjab through the division bench of Justice Gurvinder Singh Gill in the case of Sukhwinder Kaur @ Rajvir Kaur V State of Punjab(CRM-M-42540-2020 (O&M).

FACTS

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.242 dated 07.11.2020 at Police Station Maur, District Bathinda, under Sections 346 IPC (Sections 302/201/120-B IPC added later on). The matter in hand pertains to death of Lakhvir Singh, who is brother of petitioner’s husband. Initially, the FIR in question came to be lodged under Section 346 IPC pursuant to lodging of ‘missing report’ of Lakhvir Singh dated 03.11.2020. Upon recovery of dead body of Lakhvir Singh on 09.11.2020, offences under Sections 302/201/120-B IPC were added on 11.11.2020 vide DDR No.30. The dead body of Lakhvir Singh had been recovered from Kotla Branch Canal in the area of Village Jodhpur Pakhar. It is the case of the prosecution that subsequently the petitioner suffered an extra judicial confession before one Naib Singh admitting therein that she alongwith her husband and son had administered poison to the deceased and thrown his dead body in Canal. It is further the case of the prosecution that Sukhbir Singh, who is brother of the deceased as well as brother of petitioner’s husband, had seen the petitioner and co-accused in the company of the deceased Lakhvir Singh on the bank of the Canal on 03.11.2020.

JUDGEMENT

Both the parties amicably settled the matter between them by making a compromise deed without any coercion, threats, bribes, etc. The aggrieved party willingly consented to the nullification of the criminal proceeding and there was no objection from the private respondent. The occurrence did not affect public peace or tranquility, moral turpitude or harm the social and moral fabric of the society. Noting that the purpose of criminal jurisprudence is reformatory and aims at bringing peace to family, community and society, the Court was of the opinion that the exercise of the inherent powers for quashing the FIR was justified to secure the ends of justice. The Court asserted that in the facts peculiar to this case, the prosecution in the non-compoundable offences can be closed by quashing the FIR and consequent proceedings. Hence, it was observed that continuing this proceeding will not give any fruitful purpose. The bail bonds of the petitioner were accordingly discharged.

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JUDGEMENT REVIEWED BY NAISARGIKA MISHRA

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