The main legal point established in the judgment is that the High Court can quash criminal proceedings or FIR in appropriate cases to meet the ends of justice, especially when the parties have settled the disputes amicably and without any pressure.

Chander Bhusan Barowalia, J.

The present petition is maintained by the petitioner under Section 482 of the Code of Criminal Procedure (hereinafter to be called as “the Code”) for quashing of F.I.R No.24/2018, dated 27.1.2018, under Sections 363 and 366 of the Indian Penal Code, registered at Police Station, Sadar, Hamirpur, District Himarpur, H.P, pending before the learned Trial Court.

2. Briefly stating the facts, giving rise to the present petition are that on 26th January, 2018, FIR No.24 of 2018, under Sections 363 and 366 of the Indian Penal Code was registered at Police Station, Hamirpur, District Hamirpur, alleging therein that daughter of the complainant-respondent No.3 has eloped from her lawful custody. The petitioner and daughter of complainant-respondent No.3 knows each other and has developed good relation, when the petitioner was working at Relexo Showroom at Hamirpur and thereafter, he was transferred to Paonta Sahib, District Sirmaur. The daughter of complainant-respondent No.3 eloped from her house on 26.1.2018 and went to Paonta Sahib, where the petitioner is working for his livelihood and pressed upon the petitioner to get marry and on her persuasions, the petitioner agreed to propose marriage with the condition that after marriage, she will go back to her parents and after her 10+2 examination, she would join the company of the petitioner and with this understanding, the petitioner and daughter of the complainant got married on 1.2.2018 at Shiv Temple, Geeta Bhawan, Paonta Sahib, as per Hindu Rites and ceremonies and their marriage was duly registered in the Marriage Register and as per the entry in the marriage register, the date of birth of the daughter of complainant got entered by her on the basis of Adhar Card. The complainant’s daughter has got her statement recorded under Section 164 of the Code of Criminal Procedure, wherein she has stated that her age is 18 years and got married of her own free will with the petitioner and the petitioner has not done anything wrong with her and has not made any physical relation with her by the petitioner and she does not want to get her medical conducted and the same statement has been made by the complainant that she don’t want to get her daughter medically examined and she has specifically written these facts on MLC, which facts are evident from the perusal of status report filed before the Trial Court. There is nothing incriminating against the petitioner and now, the daughter of the complainant is residing with her. Now, the parties have entered into a compromise, vide written Compromise (Annexure P-/5) and do not want to pursue the case against each other. Hence, the present petition.

3. Learned counsel appearing on behalf of the petitioner has argued that as the parties have compromised the matter, vide written Compromise (Annexure P-/5), no purpose will be served by keeping the proceedings against the petitioners and the FIR/Challan, may be quashed and set aside.

4. On the other hand, learned Additional Advocate General has argued that the offence is not compoundable, so the present petition may be dismissed.

5. Mr. Arun Verma, learned counsel appearing on behalf of respondent No.3 has argued that the parties have entered into compromise and so, the proceedings pending before the learned Court below may be quashed.

6. To appreciate the arguments of learned counsel appearing on behalf of the parties, I have gone through the entire record in detail.

7. Their Lordships of the Hon’ble Supreme Court B.S. Joshi and others vs. State of Haryana and another, (2003) 4 SCC 675, have held that if for the purpose of securing the ends of justice, quashing of FIR becomes necessary, section 320 would not be a bar to the exercise of power of quashing. It is well settled that the powers under section 482 have no limits. Of course, where there is more power, it becomes necessary to exercise utmost care and caution while invoking such powers. Their Lordships have held as u