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Kewal Singh and Ors. Vs. State of Himachal Pradesh and Ors. - (High Court of Himachal Pradesh) (09 Apr 2019)

FIR or complaint can be quashed even in non-compoundable offences, if Court is satisfied that parties have settled disputes amicably

MANU/HP/0286/2019

Criminal

The present petition is maintained by the Petitioners under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) for quashing of FIR under Sections 451, 447, 427, 342, 336, 147, 149 and 506 of the Indian Penal Code, 1860 (IPC) registered at Police Station. The Petitioners has argued that, as the parties have compromised the matter, vide Compromise Deed, dated 12th September, 2018, no purpose will be served by keeping the proceedings against the Petitioners and the FIR/Challan, may be quashed and set aside.

The Hon'ble Supreme Court in Preeti Gupta and another vs. State of Jharkhand and another, have held that, the ultimate object of justice is to find out the truth and punish the guilty and protect the innocent. The tendency of implicating the husband and all his immediate relations is also not uncommon. At times, even after the conclusion of the criminal trial, it is difficult to ascertain the real truth. Long and protracted criminal trials lead to rancour, acrimony and bitterness in the relationship amongst the parties. The criminal trials lead to immense sufferings for all concerned.

Further, the Hon'ble Supreme Court in Jitendra Raghuvanshi and others vs. Babita Raghuvanshi and another, have held that criminal proceedings or FIR or complaint can be quashed under Section 482 of CrPC in appropriate cases in order to meet ends of justice. Even in non-compoundable offences pertaining to matrimonial disputes, if Court is satisfied that parties have settled the disputes amicably and without any pressure, then for purpose of securing ends of justice, FIR or complaint or subsequent criminal proceedings in respect of offences can be quashed.

Thus, the interest of justice will be met, in case, the proceedings are quashed, as the parties have already compromised the matter, as per compromise deed placed on record. Accordingly F.I.R registered at Police Station is ordered to be quashed and consequently, the proceedings pending before the learned Magistrate arising out of the aforesaid FIR, are also ordered to be quashed. The petition is accordingly disposed.

Relevant : Preeti Gupta and Anr. vs. State of Jharkhand and Anr. MANU/SC/0592/2010, Jitendra Raghuvanshi and Ors. vs. Babita Raghuvanshi and Anr. MANU/SC/0239/2013

Tags : COMPROMISE DEED   FIR   QUASHING OF  

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