Tripta Devi and Ors. Vs State of Hp and Anr.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CrMMO No. 165 of 2024 Date of Decision: 17.6.2024

_____________________________________________________________________ Tripta Devi and Ors. ……...Petitioners Versus State of Himachal Pradesh and Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioners: Ms. Salochna Rana, Advocate. For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General, for the State. Mr.Sunil Kumar, Advocate, for respondent No.2. ___________________________________________________________________________

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Sandeep Sharma, J. (Oral)

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By way of present petition filed under Section 482 CrPC, prayer has been made by the petitioners-accused for quashing of FIR No. 138/2019, dated 19.8.2019, registered at Police Station Indora, District Kangra, H.P., under Sections 147, 149, 323, 324, 341, 114, 504 and 506 of IPC alongwith consequential proceedings pending in the competent court of law, on the basis of compromise.

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2. Precisely, facts of the case as emerge from the pleadings, are that the FIR sought to be quashed in the instant proceedings came to be

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lodged at the behest of the respondent No.2-complainant, who alleged that on 19.8.2019 at about 12:30pm, while in his private car bearing registration No. HP38-5353, he was coming towards Thakur Dwara alongwith four tippers loaded with construction material i.e. sand and gravel, accused named in the FIR (i.e. petitioners herein) obstructed his passage and started hurling abuses and gave beatings to the labourers, who were coming in the Tippers to unload the construction material. On the basis of aforesaid complaint, police, after having completed investigation, presented challan in the competent court of law, under Sections 147, 149, 323, 324, 341, 114, 504 and 506 of IPC, but before same could be taken to its logical end, parties have entered into compromise, whereby they have resolved to settle their dispute amicably inter-se them. In the aforesaid background, petitioner-accused has approached this court in the instant proceedings, praying therein for quashing of FIR as well as consequential proceedings in the competent court of law, on the basis of compromise arrived inter-se petitioners and complainant.

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3. On 19.3.2024, this Court with a view to ascertain the correctness of the compromise, specifically called upon the parties to come present before this Court on 1.5.2024, on which date, complainant stated

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on oath that he, of his own volition and without there being any external pressure, has entered into compromise with the petitioners, whereby they have amicably resolved to settle their dispute inter-se them. He deposed that quarrel had taken place inter-se petitioners and him with regard to vehicles owned by the owner of the Stone Crusher, however subsequently, on account of intervention of friends and relatives and with a view to maintain cordial relations with each other in future, he compromised the matter with the petitioners, as such now, he does not intend to pursue the complaint and shall have no objection in case prayer made by the petitioners for quashing of FIR is accepted and petitioners are acquitted of the charges framed against them. While admitting contents of the compromise to be correct, respondent No.2 also admitted his signature thereupon. The statement of complainant is already on record.

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4. Having perused statement made by respondent No.2, Mr. Rajan Kahol, learned Additional Advocate General, stated that no fruitful purpose will be served in case FIR as well consequent proceedings are allowed to continue against the petitioners. He further stated that otherwise also, chances of conviction of the petitioners are remote and bleak, on account of statement made by complainant, as such, he shall have no objection in case prayer made on behalf of the petitioners is accepted and FIR in

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question alongwith consequential proceedings is quashed and set aside and petitioners are acquitted.

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5. The question which now needs consideration is whether FIR in question can be ordered to be quashed when Hon'ble Apex Court in Narinder Singh and others versus State of Punjab and another (2014)6 SCC 466 has specifically held that power under S. 482 CrPC is not to be exercised in the cases which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society.

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6. At this stage, it would be relevant to take note of the judgment passed by Hon'ble Apex Court in Narinder Singh (supra), whereby the Hon’ble Apex Court has formulated guidelines for accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings. Perusal of judgment referred to above clearly depicts that in para 29.1, Hon’ble Apex Court has returned the findings that power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash criminal proceedings even in those cases which are not compoundable and where the parties

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have settled the matter between themselves, however, this power is to be exercised sparingly and with great caution. In para Nos. 29 to 29.7 of the judgment Hon'ble Apex Court has laid down certain parameters to be followed, while compounding offences.

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7. Careful perusal of para 29.3 of the judgment suggests that such a power is not to be exercised in the cases which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. Apart from this, offences committed under special statute like the Prevention of Corruption Act or the offences committed by Public Servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender. On the other hand, those criminal cases having overwhelmingly and predominantly civil character, particularly arising out of commercial transactions or arising out of matrimonial relationship or family disputes may be quashed when the parties have resolved their entire disputes among themselves.

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8. The Hon’ble Apex Court in Gian Singh v. State of Punjab and

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anr. (2012) 10 SCC 3 03 has held that power of the High Court in quashing of the criminal proceedings or FIR or complaint in exercise of its inherent power is distinct and different from the power of a Criminal Court

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for compounding offences under Section 320 Cr.PC. Even in the judgment passed in Narinder Singh’s case, the Hon’ble Apex Court has held that while exercising inherent power of quashment under Section 482 Cr.PC the Court must have due regard to the nature and gravity of the crime and its social impact and it cautioned the Courts not to exercise the power for quashing proceedings in heinous and serious offences of mental depravity, murder, rape, dacoity etc. However subsequently, the Hon’ble Apex Court in Dimpey Gujral and Ors . vs. Union Territory through Administrator, UT, Chandigarh and Ors . (2013( 11 SCC 497 has further reiterated that continuation of criminal proceedings would tantamount to abuse of process of law because the alleged offences are not heinous offences showing extreme depravity nor are they against the society. Hon'ble Apex Court further observed that when offences of a personal nature, burying them would bring about peace and amity between the two sides.

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9. Hon’ble Apex Court in its judgment dated 4^th October, 2017, titled as Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others versus State of Gujarat and Another , passed in Criminal Appeal No.1723 of 2017 arising out of SLP(Crl) No.9549 of 2016, reiterated the principles/ parameters laid down in Narinder Singh’s case supra for accepting the settlement and quashing the proceedings.

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10. Since parties have compromised the matter with each other and respondents No.2, at whose instance FIR sought to be quashed in the instant proceedings came to be lodged, is no more interested in pursuing the criminal prosecution of the petitioners, this court sees no impediment in accepting the prayer made on behalf of the petitioners for quashing of the FIR alongwith all consequential proceedings.

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11. Consequently, in view of the aforesaid discussion as well as law laid down by the Hon’ble Apex Court (supra), FIR No. 138/2019, dated 19.8.2019, registered at Police Station Indora, District Kangra, H.P., under Sections 147, 149, 323, 324, 341, 114, 504 and 506 of IPC, alongwith consequential proceedings is quashed and set aside. Accused are acquitted of the charges framed against them. The petition stands disposed of in the aforesaid terms, alongwith all pending applications.

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June 17, 2024 (manjit)

Tripta Devi and Ors. v. State of Hp and Anr.

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Tripta Devi and Ors. v. State of Hp and Anr.

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