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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
VIVEK SINGH THAKUR, J.
Vikas Singh, Son Of Shri Janak Singh – Appellant
Versus
State Of Himachal Pradesh – Respondent
Criminal Misc.Petition (Main) U/S 482 CrPC No. 932 of 2022
Decided on : 09-11-2022
Section 482 Cr.P.C. - Quashing of FIR - IPC 498-A, 323, 506 - [Gian Singh Vs. State of Punjab and Ors., Parbatbhai Aahir alias Parbathbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and another, Narinder Singh and others vs. State of Punjab and others, State of Madhya Pradesh vs. Laxmi Narayan and others, Madan Mohan Abbot vs. State of Punjab] - The court discussed the inherent power of the High Court under Section 482 Cr.P.C. to quash criminal proceedings in cases where the offender and victim have settled their dispute, emphasizing that the nature and gravity of the crime must be considered. It was noted that offenses with a predominantly civil flavor, such as those arising from family disputes, can be quashed if the parties have resolved their dispute amicably. The court also highlighted that the power under Section 482 Cr.P.C. is not inhibited by the provisions of Section 320 Cr.P.C., and that a commonsense approach should be applied in matters of compromise in criminal proceedings.
Fact of the Case:
The respondent, Labreet Kumari, filed a complaint against her husband and parents-in-law under Sections 498-A, 323, and 506 of the IPC. However, a compromise was reached between the parties, and the respondent expressed her desire to withdraw the complaint.
Finding of the Court:
The court found that the parties had reached a compromise out of their free will and consent, without any threat or coercion. It considered the principles established by various Supreme Court judgments regarding the quashing of criminal proceedings based on compromise, and the welfare of the victim was taken into account.
Issues: The main issue was whether the court should quash the FIR and criminal proceedings based on the compromise reached between the parties.
Ratio Decidendi: The court applied the principles established in various Supreme Court judgments, emphasizing the inherent power of the High Court under Section 482 Cr.P.C. to quash criminal proceedings in cases where the parties have settled their dispute. It considered the nature and gravity of the offense, the welfare of the victim, and the societal interest in reaching its decision.
Final Decision: The court allowed the petition and quashed the FIR and criminal proceedings, considering the compromise reached between the parties and the welfare of the victim.
ORDER :
This petition has been preferred under Section 482 Cr.P.C. for quashing of FIR No. 0018, dated 19.10.2021 registered under Sections 498-A, 323 and 506 of Indian Penal Code (hereinafter in short ‘IPC’) at Women Police Station Dharamshala, District Kangra HP and quashing of proceedings initiated in pursuant thereto pending in the concerned Court.
2. Petitioner No.1 Vikas Singh Rana as well as respondent No.2, who is complainant in present case, are present in Court today and their statements have been recorded on oath.
3. Respondent No.2 Labreet Kumari vide separate statement on oath, has stated that her marriage was solemnized with Vikas Singh Rana, petitioner No.1, on 9th May, 2007 . She has stated that at that time, petitioner No.1 was serving in Army and now he has retired from service in the year 2019. She has further deposed that they have two sons namely Akash Rana and Akarsh Rana, who are studying in 9th and 4th standard respectively. It has further been stated by respondent No.2 that on account of harassment and cruelty, she had lodged complaint against her husband as well as her parents-in-law, as detailed in FIR and during strained relations, she had been staying with her mother at Nagrota Bagwan and apart from lodging present FIR, she had also filed complaint under Protection of Women from Domestic Violence Act, 2005 in the Court of learned Chief Judicial Magistrate, Kangra at Dharamshala, and a Civil Suit in the Court of learned Civil Judge (Senior Division), Kangra at Dharamshala and those cases have been settled and comprised in National Lok Adalat on 12th March, 2022 and as per compromise, her husband Vikas Singh has undertaken to keep her and children with love and to maintain them by providing all facilities in a house owned by her husband at Sidhpur, Dharamshala and he has undertaken to bear the expenses for study of both children studying in Secret Heart School and G.D. Goenka Schools situated at Dharamshala with further undertaking that he will ensure that there is no scarcity for anything to her and their children and not to repeat incident of beating and he has also communicated no objection for continuation of her job.
4. Respondent No.2 has further stated that her parents-inlaw i.e. petitioners No. 2 and 3 Mr. Janak Singh and Smt. Narindera Kumari are residing in native village Ghaneta, Sub Tehsil Sulh, Tehsil Palampur, District Kangra H.P. along with her grandmother-in-law Smt Kalyano Devi. She has stated that till date no untoward incident has taken place between them and her husband is keeping them well and is maintaining them as undertaken by him, and for future of children as well as for continuation of peaceful, harmonious and cordial relations between the family for living a healthy and peaceful life, she has decided not to pursue criminal case against her husband and parents-in-law and, therefore, she has entered into compromise and as per compromise, she may be permitted to withdraw the complaint for quashing the FIR and criminal proceedings arising thereto. She has further stated that as her parents-in-law are residing at separate place i.e. in native village, therefore, she thinks that for compromising the present case, which has arisen due to strained relations between husband and wife, their presence deserves to be exempted and she has prayed accordingly.
5. Petitioner Vikas Singh Rana, vide separate statement, has endorsed the statement of his wife to be true and correct. He has undertaken to be careful in future.
6. Respondent No.2 as well as petitioner No.1, in their respective statements, have stated that they have compromised the matter and deposed in the Court out of their free will, consent and also without any kind of threat, coercion or pressure etc.
7. Quashing of FIR in present petition has been prayed on the basis of compromise arrived at between the parties, photocopy whereof has been placed on record, which is duly signed by parties. Petitioner No.1 Vikas Rana and respondent N
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