IMPORTANT POINT
Quashing – High Court has inherent power to quash criminal proceedings even in those cases which are not compoundable, but such power is to be exercised sparingly and with great caution.

ORDER

Sandeep Sharma, J.—By way of instant petition filed under Section 482 of the Code of Criminal Procedure, prayer has been made on behalf of the petitioner for quashing of FIR No. 44 of 2021, dated 28.2.2021 under Sections 379, 468, 471 and 482 of IPC, registered at police Station, Palampur, District Kangra, Himachal Pradesh as well as consequent proceedings i.e. Criminal Case No.78 of 2021 pending adjudication in the Court of learned Additional Chief Judicial Magistrate, Palampur, District Kangra, H.P., on the basis of the compromise arrived inter se parties (Annexure P-2).

2. Precisely, the facts of the case as emerge from the record are that FIR sought to be quashed in the instant proceedings, came to be lodged at the behest of respondent No.2/complainant namely, Sh. Rohit Kumar (hereinafter referred to as the complainant), who alleged that he is an employee of Vishal Megha Mart at Kangra, District Kangra, H.P., and on 26.02.2021, at about 1.PM he parked his TVS Apache Bike bearing registration No.HP-37-F-6770 in the parking of Vishal Megha Mart. He alleged that on 26.02.2021, at about 10.15 PM after having furnished his job, he went to parking to take his bike, but same was not there. He alleged that though initially he remained under impression that someone has made joke with him but subsequently on 27.2.2021, CCTV footage revealed that some unknown person unauthorizedly took his bike from the parking. On the basis of aforesaid statement, FIR sought to be quashed in the instant proceedings came to be lodged against the petitioner. Though, after completion of the investigation police presented the challan in the competent court of law, but before same could be taken to its logical end, petitioner entered into the compromise with respondent No.2, whereby both the parties have resolved to settle their dispute amicably interse them and as such, petitioner has approached this Court in the instant proceedings for quashing of FIR as well as consequent proceedings, if any, pending in the competent Court of law.

3. Vide order dated 15.3.2022, this Court while directing the respondent-State to verify factum with regard to compromise, if any, arrived interse parties, also deemed it necessary to cause presence of the parties in the court, especially respondent No.2, so that factum with regard to correctness and genuineness of the compromise placed on record could be ascertained.

4. Though, instructions on behalf of the respondent-State are awaited, but respondent No.2, who is present in Court and is being represented by Mr. Virender Chauhan, Advocate states on oath before this Court that he of his own volition and without there being any external pressure has entered into the compromise with the petitioner, whereby both the parties have resolved to settle their dispute amicably interse them. He states that FIR sought to be quashed is result of misunderstanding. He states that since petitioner, who is a student of 3rd year of Engineering, has already returned his bike and has undertaken not to indulge in such activities in future, he shall have no objection in case prayer made in the instant petition is accepted. While admitting the contents of the compromise placed on record to be correct, he also admits his signature. His statement is taken on record.

5. Mr. Gaurav Sharma, learned Deputy Advocate General after having heard the aforesaid statement made by respondent No.2, fairly states that no fruitful purpose would be served in case FIR as well as consequent proceedings sought to be quashed are allowed to sustain. He further states that otherwise also, chances of conviction of petitioner- accused are very remote and bleak in view of the statement made by respondent No.2 before this Court and as such, respondent-State shall have no objection in case the prayer made in the petitions is allowed.

6. This Court, after having carefully perused the compromise, which has been duly effected between the parties, sees substantial fo