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2019 Supreme(HP) 1441

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Chander Bhusan Barowalia, J.
Didar Singh & Anr. - Appellants
Versus
State Of H P & Anr. - Respondents
Criminal Miscellaneous Petition (Main) No. 644 of 2019
Decided On : 03-12-2019

Advocates Appeared:
Lakshay Parihar, Advocate, P.K. Bhatti, Advocate, Raju Ram Rahi, Advocate, Gaurav Sharma, Advocate, Servedaman Rathore, Advocate

The main legal point established is that the court has the inherent power to quash criminal proceedings to meet the ends of justice, particularly in cases of compromise between the parties.

Headnote:

Section 482 - Quashing of FIR - Indian Penal Code - 353, 332, 34

Fact of the Case:

The petitioners sought to quash an FIR and consequent proceedings under Sections 353 and 332, read with Section 34 of the Indian Penal Code, based on a compromise between the parties.

Finding of the Court:

The court found that quashing the proceedings was justified as the parties had reached a compromise and did not wish to pursue the case further to maintain cordial relations.

Issues: The main issue was whether the FIR and consequent proceedings should be quashed in light of the compromise between the parties.

Ratio Decidendi: The court relied on precedents to establish that quashing of criminal proceedings is permissible to meet the ends of justice, especially in cases of compromise between the parties. The court emphasized the importance of encouraging genuine settlements in matrimonial disputes.

Final Decision: The court allowed the petition and quashed the FIR and consequent proceedings, rendering them infructuous.

JUDGMENT

Chander Bhusan Barowalia, J. - The present petition, under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code"), is maintained by the petitioners for quashing of F.I.R No. 199/2016, dated 30.07.2016, under Sections 353 and 332, read with Section 34 of the Indian Penal Code (hereinafter to be called as "IPC"), registered at Police Station Una, District Una, 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 respondent No. 2 lodged a complaint against the petitioners, alleging therein that on 30.07.2016, around 4:30 p.m., when he was working as Block Development Officer and was on duty during the phase of work of metalling the road and raising the retaining wall at Village Behdala, the petitioners came to the spot and started arguing with the labourers and when respondent No. 2 intervened, the petitioners gave beatings to him with fist and kick blows. Consequently, F.I.R No. 199/2016, dated 30.07.2016, under Sections 353 and 332, read with Section 34 IPC came to be registered against the petitioners. However, now the parties have entered into a compromise (Annexure P-1) 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 petitioners has argued that as the parties have compromised the matter, vide Compromise Deed (Annexure P-1), 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 Additional Advocate General has argued that the petitioners are liable to be tried as per the law and the present petition may be dismissed.

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

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

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