Point of law: Quash of FIR – Theft of gold ornaments and cash – Compromise between parties.

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.266 of 2020, dated 8.12.2020, under Sections 380 and 201 of the Indian Penal Code, registered at Police Station Sadar, 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, as per the prosecution story, are that respondent No.2 made a written complaint to the police alleging therein that on 8.12.2020 around 10:00 a.m. he had engaged two carpenters, namely, Naushad and Musharaf-petitioner herein, to do the wooden work etc. in the first floor of his house, when he came back to his house to bring wooden items, he found that huge amount of money alongwith golden ornaments were missing. On the basis of statement of respondent No.2-complainant, FIR in question was registered. Now, the parties have entered into a compromise, vide Compromise deed (Annexure P-3) stating therein that the complainant does not want to pursue the case against the petitioner. Hence, the present petition.

3. Learned 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 petitioner 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, 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 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 the Code does not limit or affect the powers under Section 482 of the Code.

8. Their Lordships of the Hon’ble Supreme Court in