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2019 Supreme(P&H) 1145
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Arvind Singh Sangwan, J.
Khushi Ram and Others – Appellants
Versus
State of Haryana and Another – Respondents
Criminal Miscellaneous (M) No. 4535 of 2017
Decided On : 17-07-2019
Advocate Appeared:
Sushil Bhardwaj, Deepak Grewal, Rajesh K. Sharma.
The High Court has the power to allow the compounding of non-compoundable offenses and quash the prosecution to prevent abuse of the process of law or to secure the ends of justice.
Headnote:
FIR Quashing - Alleged Hindrance in Shifting of 11 K.V. Line - IPC 186, 332, 353, 506 - CWP No. 10814 of 2012, CWP No. 19814 of 2012 - Orders dated 16.11.2015, 13.01.2016, 21.03.2016
Fact of the Case:
The petitioners sought quashing of FIR No. 82 dated 24.02.2016, alleging hindrance in shifting of 11 K.V. line. The petitioners had agitated for the shifting of the line in civil litigation, and the Managing Director of UHBVNL was called to explain the delay.
Finding of the Court:
The court found that the FIR was registered to cover the delay in compliance of the court order and to shift liability. It noted that the civil litigation had become infructuous, and the complainant sought to compromise the case, which was declined.
Issues: The issues revolved around the alleged hindrance in shifting the 11 K.V. line, the delay in compliance of court orders, and the willingness of the complainant to compromise the case.
Ratio Decidendi: The court held that the FIR was not justified as the petitioners were advocating for the shifting of the line, and the delay was attributed to the complainant. It also cited the power of the High Court to allow the compounding of non-compoundable offenses and quash the prosecution to prevent abuse of the process of law or to secure the ends of justice.
Final Decision: The court allowed the petition, quashing FIR No. 82 dated 24.02.2016 and all subsequent proceedings, based on the lack of justification for the FIR and the willingness of the complainant to compromise the case.
JUDGMENT :
Arvind Singh Sangwan, J.
1. Prayer in this petition is for quashing of FIR No. 82 dated 24.02.2016 registered under Sections 186, 332, 353, 506 of the Indian Penal Code, 1860 (in short ‘IPC’) at Police Station Gharaunda, District Karnal and all other subsequent proceedings arising therefrom.
2. Before referring to the facts, it is relevant to note that on 14.02.2017, while issuing notice of motion and staying the proceedings before the trial Court, the following order was passed by this Court:-
"The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 82 dated 24.02.2016, under Sections 186, 332, 353 and 506 IPC, registered at Police Station Gharaunda, District Karnal.
Counsel would submit that the FIR had been registered against the petitioners on the basis of an allegation of having threatened the Sub Divisional Officer of Sub Division Uttar Haryana Bijli Vitran Nigam Limited, Gharaunda and creating hindrance and shifting of a 11 KV line.
Precise argument raised by counsel is that the FIR had been got registered with a mala fide intent. In support of such contention, counsel submits that CWP No. 10814 of 2012 had been preferred by Purshotam i.e. father of petitioner No. 2 seeking issuance of writ of mandamus for directing the respondents to shift the 11 KV line crossing over certain residential houses in Village Khora Kheri.
Further submitted that in spite of directions having been issued by the Writ Court and the shifting of the line being not done vide order dated 16.11.2015 passed by the Writ Court, the Managing Director of Uttar Haryana Bijli Vitran Nigam Limited was directed to remain present in Court on 21.03.2016. It is argued that since shifting of the line had been directed at the behest of the petitioners party itself, there was no occasion for them to have created any hindrance in the shifting thereof. Further more the facts and circumstances are clear pointer towards the Managing Director being annoyed with the conduct of Purshotam i.e. father of petitioner No. 2 and in pursuance thereof the impugned FIR being lodged at the instance of a subordinate official i.e. Sub Divisional Officer concerned with a mala fide intent.
Notice of motion, returnable for 18.04.2017.
Further proceedings shall remain stayed till the next date of hearing."
3. Counsel for the petitioners has stated that as per the allegations in the FIR, which was got registered on a complaint given by the S.D.O. of Sub-Division UHBVNL, Gharaunda, District Karnal, addressed to the SHO it is stated that some mischievous persons have created hindrance in shifting of 11 K.V. line as per the direction issued by this Court dated 16.11.2015 passed in CWP No. 10814 of 2012. The order dated 16.11.2015 passed by this Court reads as under:-
"Learned counsel for respondent Nos. 1 to 3 submits that hindrance is being caused by the petitioner with regard to shifting of high tension wires.
It is the contention of learned counsel for the petitioner that he has already deposited the amount as per the estimate given by the respondents but still no action has been taken by the respondents.
Since high tension wires are passing through the residential area, there is possibility of loss of human life. From the date of filing of this writ petition three years have elapsed, no action has been taken by the respondents. On 09.09.2014 following order was passed by this Court:-
"The counsel appearing on behalf of the 1 st respondent states that the sanction for laying the overhead high tension wire is not being carried through on account of local factions and trouble in the village.
The petitioner's grievance is that in spite of an essential sanctioned site plan, the respondent is not carrying out the works for installation of the overhead high tension wire. I direct suo motu impleadment of State of Haryana represented through the Deputy Commissioner, District Karnal and the SSP Karnal to be made parties. They shall be impleaded respondent Nos. 4 and
