The central legal point established in the judgment is the power of the High Court to quash criminal proceedings under Section 482, especially in cases of matrimonial disputes where parties have settled the disputes amicably and without any pressure.

JUDGMENT :

CHANDER BHUSAN BAROWALIA, J.

1. The present petition, under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code"), has been maintained by the petitioner for quashing of F.I.R No. 16/2018, dated 27.03.2018, under Sections 354 and 354-A of the Indian Penal Code, registered at Police Station Chirgaon, District Shimla, H.P., alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court.

2. Briefly stating the facts, giving rise to the present petition are that on 26.03.2018, respondent No. 2 was going to her orchard for milking the cow, around 5:00 P.M., when she reached there, petitioner came there and asked for her mobile number, when she refused to give her mobile number to the petitioner, he showed his desire to marry her and tried to touch her private parts, upon which, respondent No. 2 started crying. On hearing the cries of respondent No. 2, her grandfather came to the spot and on seeing her grandfather, the accused ran away from the spot. On the next day, i.e. 27.03.2018 an F.I.R No. 16/2018, under Sections 354 and 354-A IPC came to be registered against the petitioner. However, now the parties have entered into a compromise (Annexure P-2) and in order to maintain their relations cordial, they do not want to pursue the case against each other. Hence, the present petition.

3. Learned counsel for the petitioner has argued that as the parties have compromised the matter, vide Compromise Deed Annexure P-2, no purpose will be served by keeping the proceedings alive, hence the FIR, alongwith consequent proceedings, arising out of the same, pending before the learned trial Court may be quashed and set aside.

4. Learned counsel for respondent No. 2 has argued that the present petition may be allowed, in view of the compromise arrived at between the parties.

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

6. 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 under:

[6] In Pepsi Food Ltd. and another v. Special Judicial Magistrate and others, (1998) 5 SCC 749), this Court with reference to Bhajan Lal's case observed that the guidelines laid therein as to where the Court will exercise jurisdiction under Section 482 of the Code could not be inflexible or laying rigid formulae to be followed by the Courts. Exercise of such power would depend upon the facts and circumstances of each case but with the sole purpose to prevent abuse of the process of any Court or otherwise to secure the ends of justice. It is well settled that these powers have no limits. Of course, where there is more power, it becomes necessary to exercise utmost care and caution while invoking such powers.

[8] It is, thus, clear that Madhu Limaye's case does not lay down any general proposition limiting power of quashing the criminal proceedings or FIR or complaint as vested in Section 482 of the Code or extraordinary power under Article 226 of the Constitution of India. We are, therefore, of the view 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, however, a different matter depending upon the facts and circumstances of each case whether to exercise or not such a power.

[15] In view of the above discussion, we hold that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320