Point of Law: Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court.

ORDER :

The present petition, under Section 482 of the Code of Criminal Procedure (hereinafter to be called as “the Code”), has been maintained by the petitioners for quashing of F.I.R No. 145/2018, dated 01.07.2018, under Sections 323, 324, 341 and 504 of the Indian Penal Code (hereinafter to be called as “IPC”), registered at Police Station Amb, District Una, H.P., alongwith consequent proceedings arising out of the said FIR.

2. Briefly stated the facts, giving rise to the present petition are on 01.07.2018, respondent No. 5/complainant made a complainant against the petitioners that today around 10:30 a.m., when she went to her field, the petitioners started abusing her and gave fist and kick blows to her and when her son/respondent No. 4 came to rescue her, the petitioners attacked him with iron rod. Owing to which they sustained injuries. Consequently, F.I.R No. 145/2018, dated 01.07.2018, under Sections 323, 324, 341 and 504 of IPC, came to be registered against the petitioners. However, now the parties have settled their dispute amicably and to this effect they have placed on record, Compromise Deed (Annexure P2) and Affidavit (Annexure P3), and in order to maintain their relations cordial, they do not want to continue with the present case. Hence, the present petition.

3. Learned Counsel for the petitioners has argued that as the parties have compromised the matter, no purpose would be served by keeping the proceedings alive, therefore, the FIR, alongwith consequent proceedings arising out of the same, may be quashed and set aside.

4. On the other hand, learned Additional Advocate General has argued that taking into consideration the seriousness of the matter, the present petition deserves dismissal.

5. Learned counsel for respondents No. 4 and 5 has argued that taking into consideration the fact that parties have settled their dispute amicably, the present petition may be allowed.

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

7. Their Lordships of the Hon’ble Supreme Court B.S. Joshi and othersvs. 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 proceed