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Naresh Kumar Vs. State of H.P. and Ors. - (High Court of Himachal Pradesh) (04 Oct 2019)

FIR as well as criminal proceedings can be quashed to prevent abuse of process of any Court, even in not compoundable cases, where parties have settled the matter

MANU/HP/1538/2019

Criminal

Present petition has been preferred under Section 482 of Code of Criminal Procedure, 1973 (CrPC) for quashing of FIR registered under Sections 354(D) and 509 of Indian Penal Code, 1860 (IPC) lodged by Respondent No. 2 and consequential proceedings initiated in pursuance thereto against the Petitioner. Present petition has been fled on the basis of compromise arrived at between the parties.

No doubt Sections 354(d) of IPC is not compoundable under Section 320 of CrPC., however, as explained by Supreme Court in Gian Singh vs. State of Punjab and Anr., Narinder Singh and Ors. vs. State of Punjab and Anr., Parbatbhai Aahir and Ors. vs. State of Gujarat and Ors. and the State of Madhya Pradesh vs. Laxmi Narayan and Ors., power of High Court under Section 482 of CrPC is not inhibited by the provisions of Section 320 of CrPC and FIR as well as criminal proceedings can be quashed by exercising inherent powers under Section 482 of CrPC, if warranted in given facts and circumstances of the case for ends of justice or to prevent abuse of the process of any Court, even in those cases which are not compoundable, where parties have settled the matter between themselves.

Fact that, complainant, who has appeared and endorsed the compromise arrived at with petitioner/accused, present is a fit case to exercise power under Section 482 of CrPC. and further even otherwise if criminal proceedings are allowed to continue, no fruitful purpose is going to be served. In Madan Mohan Abbot vs. State of Punjab, the Hon'ble Supreme Court emphasized and advised that in the matter of compromise in criminal proceedings, keeping in view of nature of this case, to save the time of the Court for utilizing to decide more effective and meaningful litigation, a commonsense approach, based on ground realities and bereft of the technicalities of law, should be applied.

Further, offence in question as alleged does not fall in the category of offences prohibited for compounding in terms of the pronouncements of the Apex Court by exercising power under Section 482 of the CrPC. In view of statement of Respondent No. 2/complainant recorded on oath in this Court, prayer of Petitioner can be allowed. In view nature and gravity of offence and considering facts and circumstances of the case in entirety, present petition deserves to be allowed for ends of justice and the same is allowed accordingly and FIR is quashed. Consequent to quashing of FIR, criminal proceedings initiated in pursuance to the aforesaid FIR, are also quashed. Petition disposed off.

Relevant : Gian Singh vs. State of Punjab and Anr. MANU/SC/0781/2012; Parbatbhai Aahir and Ors. vs. State of Gujarat and Ors. MANU/SC/1241/2017; Narinder Singh and Ors. vs. State of Punjab and Anr. MANU/SC/0235/2014; The State of Madhya Pradesh vs. Laxmi Narayan and Ors. MANU/SC/0320/2019; Madan Mohan Abbot vs. State of Punjab MANU/SC/1204/2008

Tags : FIR   PROCEEDINGS   QUASHING OF  

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