High Court can quash non-compoundable FIRs under Section 482 when parties reach amicable settlements, preserving justice and avoiding abuse of process.

JUDGMENT

Bhaskar Raj Pradhan, J. - This judgment shall consider the application under section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) filed by the petitioners jointly to quash the First Information Report (FIR) as well as the criminal proceedings pursuant thereto against the petitioner no.1 on a complaint by the petitioner nos. 2, 3 and 4.

2. Heard Mr. Dewen Sharma Luitel, learned counsel for the Petitioners as well as Mr. Yadev Sharma, learned Additional Public Prosecutor for the State-respondent. The learned counsel for the petitioners submits that this is a fit case to exercise powers under section 482 Cr.P.C. and quash the criminal proceedings including the FIR in view of the amicable settlement arrived at between the petitioners relying upon various judgments discussed herein below. The learned counsel for the petitioners submits that all differences between the petitioner no.1 on the one hand and the petitioner nos. 2, 3 and 4 on the other have been resolved and they have agreed to maintain a harmonious relationship and live peacefully. The petitioner nos. 2, 3 and 4 do not want to contest the case and has no grievances against the petitioner no.1 anymore. They have agreed to abide by the compromise deed and move on with their lives. The learned Additional Public Prosecutor submits that in view of the compromise deed entered between the petitioners the State-respondent has no objection if the criminal proceedings are quashed.

3. The FIR was registered on 05.11.2019 at Rabong Police Station. It alleged that petitioner no.1 assaulted the petitioner nos. 2, 3 and 4 while they were on duty due to which they sustained severe injuries. The FIR also alleged that they had been threatened with dire consequences. It further alleged that petitioner no.1 had forcefully stopped the company vehicles of M/s S & P Infrastructure Development (P) Limited and snatched the keys.

4. The investigation led to the filing of final report under section 173 of the Cr.P.C. alleging commission of offences under section 341, 323, 326 and 506 of the INDIAN PENAL CODE , 1860 (IPC). On 02.08.2021 the learned Judicial Magistrate, Yangang Sub-Division, South Sikkim framed charges against the petitioner no.1 under section 341, 323, 326 and 506 of the IPC. The orders of the learned Trial Court reflect that the witnesses are yet to be examined. On 10.08.2021 the learned counsel for the petitioner no.1 submitted before the learned Trial Court that the petitioners were on the verge of settlement of their disputes and would approach this court for quashing the FIR.

5. A compromise deed dated 07.08.2021 has been filed along with this petition entered between the petitioners in which it is stated that after the intervention of family members, friends and well wishers of all the parties who are well known to each other, they have reached an amicable settlement. It is stated that since they have compromised the matter the petitioner nos. 2, 3 and 4 does not desire to press the charges against the petitioner no.1 and they do not have any objection if this court annuls the FIR and the criminal proceeding pursuant thereto.

6. Section 341 , 323 and 506 of the IPC are compoundable offences. Section 341 IPC is compoundable by the person restrained or confined. Section 323 IPC is compoundable by the person to whom the hurt is caused. Section 506 IPC is compoundable by the person intimidated. In the present case the petitioner nos. 2, 3 and 4 who are the complainant are personally present in court and state that they hav