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 recognizes and preserves powers which inhere in the High Court.

ORDER :

Criminal Misc. Petition (Main) U/s 482 Cr.P.C. No. 535 of 2022

1. By way of instant petition filed under S.482 Cr.P.C. prayer has been made on behalf of the petitioner for quashing of FIR No. 110 under Ss. 341, 323, 506 and 34 IPC and FIR No. 111 of 2021 under Ss. 341, 323, 504, 506, 427 and 34 IPC, both dated 19.6.2021, registered at Police Station Amb, District Una, Himachal Pradesh as well as consequential proceedings pending before Additional Chief Judicial Magistrate Amb, District Una, Himachal Pradesh on the basis of compromise arrived at inter se parties.

2. Precisely, the facts of the case, as emerge from the record, are that FIR No. 111/2021 came to be instituted at the behest of petitioner Aditya Sharma, who alleged that on 19.6.2021, at 6.30 p.m. while, he alongwith his friend Abhay Jaswal was going towards his house from Amb bazaar in car bearing registration No. HP-19A-0001, 10-15 boys standing near BSNL Tower stopped his car and attacked him with sharp edged weapons. Petitioner alleged that persons namely Shivansh, Harsh Jaswal, Ajay Jaswal, Anurag and Aman Kumar were recognized by him and he can also identify the other persons. Complainant alleged that after having heard their cries, persons namely Vinda and Survi Gautam came on the spot and tried to rescue them from the clutches of persons named above. Complainant also alleged that his sister Shivani also reached the spot but the accused named in FIR supra also hurled abuses at her and caused damage to the Scooty bearing registration No. HP-19A-6848 standing on the spot.

3. Another FIR i.e. FIR No. 110 of 2021 of the same date, came to be registered by respondent No. 2 Shivansh Sharma, alleging therein that he was given beatings by the petitioner and others in the same incident.

4. Since both the FIR’s as detailed above, were lodged qua one incident, police took up joint investigation, but before same could be taken to its logical end, parties entered into compromise and decided to resolve the matter amicably. After settling the matter amicably, complainants in both the FIR’s filed joint affidavit (Annexure P-3) before the Investigating Officer stating therein that since they have already compromised the matter, they do not wish to prosecute the cases filed against each other, any further. Investigating Officer after having obtained opinion from Assistant District Attorney concerned presented cancellation report in the court of learned Additional Chief Judicial Magistrate, Amb.

5. Interestingly, learned Additional Chief Judicial Magistrate, Amb, instead of calling for the objections, if any, from complainants in both the cases, recorded statements of complainants on oath, wherein they admitted their signatures on affidavit submitted to the Investigating Officer and its contents. Thereafter, vide order dated. 27.4.2022 (Annexure P-6) learned Additional Chief Judicial Magistrate, having taken note of the statements recorded before him, arrived at a conclusion that both the complainants leveled false allegations against each other and intentionally misused process of law and as such, issued show cause notices against the complainants, that why action be not initiated against them in light of observations made in the order and also directed them to furnish personal and surety bonds in the sum of Rs. 50,000/- each to ensure their presence in the trial. In the instant proceedings, petitioner besides seeking quashment of FIR Nos. 110 and 111 both dated 19.6.2021, has also prayed for quashing of order dated 27.4.2022 and consequential proceedings also.

6. Mr. Sunny Datwalia, learned Assistant Advocate General, accepts notice on behalf of respondent State. He fairly states that since documents annexed with the petition reveal that Investigating Officer after having obtained opinion from Assistant District Attorney concerned filed cancellation report, there appears to be no impediment in accepting the prayer made in the instant petition for quashing of FIRs. Mr. Datwali