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2021 Supreme(HP) 530

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Chander Bhusan Barowalia, J.
Amir Hussain, S/O Sh. Khair Deen and Ors. – Petitioners
Versus
State Of Himachal Pradesh Through Secretary (Home) and ors. – Respondents
Criminal Misc. Petition (Main) No. 312 of 2021
Decided On : 13-12-2021

Advocates:
Advocate Appeared:
For the Petitioner:Sh. Mukul Sood, Advocate
For the Respondent:Sh. P.K. Bhatti And Sh. Bharat Bhushan, Addl. Ags, With Sh. Manoj Bagga, Asstt. Ag, Sh. Ashok K. Tyagi, Advocate

Headnote:

Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 324, 504 and 34 – Grievous Injuries and Criminal Intimidation – Seeking quash of FIR – Amicable settlement between parties - Complainant/respondent No. 4 was going to a shop and when he was midway, petitioners came there and started abusing him. They also slapped him and gave a weapon blow on his head. Owing to which, he sustained injuries on his head. Consequently, F.I.R - However, now parties have settled their dispute amicably, vide Compromise Deed and in order to maintain their relation cordial, they do not want to continue with present case - Held, criminal proceedings or FIR or complaint can be quashed under section 482 Cr.P.C. in appropriate cases in order to meet ends of justice. Even in non-compoundable offences pertaining to matrimonial disputes, if court is satisfied that parties have settled disputes amicably and without any pressure, then for purpose of securing ends of justice, FIR or complaint or subsequent criminal proceedings in respect of offences can be quashed – Court find that interest of justice would be met, in case, proceedings are quashed as parties have compromised matter and do not want to proceed further with the case in order to live peacefully – Petition disposed of

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. 38/2019, dated 28.03.2019, under Sections 324, 504 and 34 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, pending before the learned trial Court.

2. Briefly stated the facts, giving rise to the present petition are that on 28.03.2019 around 8:15 p.m., the complainant/respondent No. 4 was going to a shop and when he was midway, the petitioners came there and started abusing him. They also slapped him and gave a weapon blow on his head. Owing to which, he sustained injuries on his head. Consequently, F.I.R No. 38/2019, dated 28.03.2019, under Sections 324, 504 and 34 of IPC, came to be registered against the petitioners. However, now the parties have settled their dispute amicably, vide Compromise Deed (Annexure P3) and in order to maintain their relation 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 vide Compromise Deed (Annexure P3), no purpose would be served by keeping the proceedings alive, therefore, the FIR, alongwith consequent proceedings arising out of the same, pending before the learned trial Court 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 offence, the present petition deserves dismissal.

5. Learned counsel for respondent No. 4/complainant 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 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 of

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