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2022 Supreme(Raj) 140

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
VIJAY BISHNOI, J.
Amandeep S/o Sh. Lalit Mohan - Appellant
Versus
State of Rajasthan and Ors. - Respondent
S.B. Criminal Misc. (Pet.) No. 522/2022
Decided on : 03-02-2022

Advocate Appeared:
For the Appellant :Vipin Makkad, Advocate
For the Respondents:Laxman Solanki, P.P. and Manoj Pareek, Advocates

Headnote:

Indian Penal Code,1860 – Section 504 and 489- A – Criminal Procedure Code,1973 – Section 482 - Dispute - Compromise - Case are that on a complaint lodged at instance of respondent Police Station has registered an FIR against petitioner - After investigation, police filed charge-sheet against petitioner for offence under Sections 498-A and 504 IPC in trial court, wherein trial is pending against petitioner - During pendency of trial, an application was preferred on behalf of petitioner as well as respondent stating therein that both parties have entered into compromise and dispute between them has been settled amicably - Present criminal misc. petition has been preferred by petitioner for quashing said proceedings pending against him before trial court - Learned counsel for petitioner has argued that as complainant-respondent and petitioner have already entered into compromise and on the basis of it, petitioner has been acquitted for offence punishable under Section 504 IPC, there is no possibility of his conviction for offence under Section 498-A I.P.C - It is also argued that no useful purpose would be served by continuing trial against petitioner for offence under Section 498-A I.P.C. because same may derail compromise arrived at between parties - Whether to secure the ends of justice – Held, In this category of cases, High Court may quash criminal proceedings if in its view, because of compromise between offender and victim, possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing criminal case despite full and complete settlement and compromise with victim - In other words, High Court must consider whether it would be unfair or contrary to interest of justice to continue with criminal proceeding or continuation of criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to question(s) is in affirmative, High Court shall be well within its jurisdiction to quash the criminal proceeding - Keeping in view the observations made by Hon'ble Supreme Court in Gian Singh's case (supra), this Court is of the opinion that it is a fit case, wherein criminal proceedings pending against petitioner can be quashed while exercising powers under Section 482 Cr.P.C - Accordingly, this criminal misc. petition is allowed - Stay petition is also disposed of.

JUDGMENT :

VIJAY BISHNOI, J.

1. This criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioner with the prayer for quashing the criminal proceedings pending against him before the Judicial Magistrate, Hanumangarh (hereinafter referred to as 'the trial court') in Criminal Case No. 59/2021, whereby the trial court vide order dated 6.1.2022 has attested the compromise for the offence under Section 504 IPC, but refused to attest the same for the offence under Section 498-A IPC as the same is non-compoundable.

2. Brief facts of the case are that on a complaint lodged at the instance of respondent No. 2, the Police Station Mahila Thana, Distt. Hanumangarh has registered an FIR No. 215/2020 against the petitioner. After investigation, the police filed charge-sheet against the petitioner for the offence under Sections 498-A and 504 IPC in the trial court, wherein the trial is pending against the petitioner.

3. During pendency of the trial, an application was preferred on behalf of the petitioner as well as the respondent No. 2 stating therein that both the parties have entered into compromise and the dispute between them has been settled amicably.

4. The present criminal misc. petition has been preferred by the petitioner for quashing the said proceedings pending against him before the trial court.

5. Learned counsel for the petitioner has argued that as the complainant-respondent No. 2 and the petitioner have already entered into compromise and on the basis of it, the petitioner has been acquitted for the offence punishable under Section 504 IPC, there is no possibility of his conviction for the offence under Section 498-A I.P.C. It is also argued that no useful purpose would be served by continuing the trial against the petitioner for the offence under Section 498-A I.P.C. because the same may derail the compromise arrived at between the parties.

6. Learned counsel for the respondent No. 2 has admitted that the parties have already entered into compromise and the respondent No. 2 does not want to press the charges levelled against the petitioner in relation to the offence under Section 498-A I.P.C.

7. The Hon'ble Apex Court while answering a reference in the case of Gian Singh v. State of Punjab & Anr. reported in JT 2012(9) SC-426 has held as below:-

    "57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R. may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and predominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising fr

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