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

ORDER :

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.0005 of 2021, dated 8.2.2021, under Sections 377, 498-A and 506 of the Indian Penal Code, registered at Police Station Keylong, Lahaul & Spiti, 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, as per the prosecution story, are that on the basis of a written complaint submitted by the complainant, i.e. wife of petitioner to Superintendent of Police, Baddi, District Solan, H.P., case has been registered against the petitioner in police Station Keylong, on receiving the said application/complaint in the Police Station through Superintendent of Police, Baddi on 08.02.2021. Crux of the complaint is that complainant, for surgery, is not able to deliver a child, which has strained relations between the couple resulting into quarrels between them. Whereupon, complainant had also reported the matter to Women Cell, Mandi, where petitioner had assured not to misbehave with the complainant in future and thereafter complainant had accompanied her husband to Lahaul, where for time, some time they lived together harmoniously. But after some time, petitioner started consuming liquor and beating complainant and he had committed sodomy with her for number of times and also compelled her to have oral sex. As petitioner was continuously harassing the complainant, therefore, she had come to her parental house, whereupon, petitioner had extended threats for her life for disclosure of aforesaid incident to anyone. Pursuant thereto, statement of respondent No.2 came to the Police Station for lodging FIR against the petitioner. Now, the parties have entered into a compromise, vide Memorandum of Understanding and undertaking/affidavit (Annexure P-2, P-3 &-4) stating therein that she does not want to pursue the case against the petitioner. Hence, the present petition.

3. Learned Senior Counsel for the petitioner has argued that as the parties have compromised the matter, 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 petition may be dismissed.

5. Learned counsel for respondent No.2 submits 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 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