Point of Law : Powers of this Court under Article 142 can be invoked to quash a criminal proceeding on the basis of a voluntary compromise between the complainant/victim and accused.

ORDER :

By way of instant Criminal Revision Petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, challenge has been laid to judgment, dated 23.9.2021, passed by learned Additional Sessions Judge-cum-Special Judge (CBI) Shimla, H.P., in Criminal Appeal No. 10-T/10 of 2016, affirming the judgment of conviction dated 29.2.2016 and order of sentence dated 9.3.2016, passed by learned Additional Chief Judicial Magistrate, Theog, Distt. Shimla, H.P., in Case No. 71-1 of 2013 in FIR No. 125, dated 17.8.2012, registered at Police Station Theog, Distt. Shimla, H.P. under Sections 354, 341 and 506 of the Indian Penal Code, whereby learned trial Court while holding petitioner-accused (hereinafter referred to as the accused), guilty of having committed offences punishable under Sections 354, 341 and 506 of IPC, convicted and sentenced him, as per the description given herein below:-

2. Since during the pendency of the aforesaid Revision Petition before this Court, accused entered into compromise with the complainant, they filed an application under Section 482 Cr.PC bearing Cr.M.P.No.1156 of 2022, praying for quashing of aforesaid FIR as well as judgments of conviction and order of sentence passed by the Courts below, on the basis of the compromise arrived inter se parties (Annexure A-1) and thereby acquitting the accused of the charges framed against him.

3. Before considering the prayer made on behalf of the accused for quashing of FIR, certain facts which may be relevant for the adjudication of the case at hand are that the complainant lodged FIR bearing No. 125, dated 17.8.2012, at Police Station Theog, Distt. Shimla, HP, alleging therein that she is student of 10th Class at G.S.S.S. Gadha Kufri. She alleged that accused used to propose her for marriage, to which she always refused yet accused used to tease her. She alleged that that on 16.8.2012 when she was going back to her home in bus after visiting a fair at Theog, the accused was also travelling in the same bus and at about 5 p.m. when she alighted at Majhrana and started going towards her home, the accused wrongfully restrained her and caught hold of her from her arm. She alleged that the accused took her alongside the passage and proposed for marriage and when she refused, the accused slapped her and tried to tear her clothes. On the basis of aforesaid complaint, police lodged the FIR, which ultimately culminated into a trial of the accused, wherein trial Court on the basis of the evidence adduced on record by the prosecution, held him guilty for his having committed offences punishable under Sections 354, 341 and 506 ICC and accordingly convicted and sentenced him as per the description given herein above.

4. Being aggrieved and dissatisfied with the aforesaid judgment of conviction and order of sentence recorded by trial Court, accused preferred an appeal in the Court of learned Addl. Sessions Judge-cum-Special Judge (CBI), Shimla, but same was dismissed vide judgment dated 23.9.2021.

5. In the aforesaid background, accused has approached this Court in the instant Criminal Revision under Section 397 read with Section 401 Cr.P.C., praying therein for his acquittal after quashing and setting aside the impugned judgments and order of sentence passed by learned Courts below. But before the same could be decided on its own merits, parties entered into compromise wherein they resolved the dispute inter se themselves as such, accused filed an application under Section 482 Cr.P.C. praying for quashing of FIR in question as well as judgment of conviction and sentence recorded against