Jammu & Kashmir High Court
Yash Paul And Anr. vs . State And Others on 8 May, 2019
Author: Sanjay Kumar Gupta
Bench: Sanjay Kumar Gupta
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
Case:-CRMC No.732/2018, Cr1M No.536/2019
Date of order:08.05.2019
Yash Paul and anr. Vs. State and others
Coram:
Hon‟ble Mr. Justice Sanjay Kumar Gupta, Judge
Appearing counsel:
For Petitioner(s) : Mr. Sandeep Bhat, Advocate.
For respondent (s) : Mr. Ravinder Gupta, AAG for respondent No.1.
Mr. M. Y. Akhoon, Advocate for respondent Nos.2 & 3.
i) Whether to be reported in
Digest/Journal : Yes/No.
ii) Whether approved for reporting
in Press/Media : Yes/No.
1. Through the medium of instant petition filed under Section 561-A Cr.P.C., petitioners seek quashing of FIR No.373 of 2018 under Sections 380 & 454 RPC of Police Station Udhampur registered against them, on the ground of compromise arrived at between the parties.
2. It is pertinent to mention here that on 13.02.2019, this Court had directed the parties along with their learned counsel to appear before Registrar Judicial of this Court for recording their statements in order to authenticate the compromise deed.
3. Pursuant to the aforesaid direction, Registrar Judicial has recorded the statements of the parties and that of their counsel. The said statements are placed on record, which read as under:-
CRMC No.732/2018, Cr1M No.536/2019 Page 1 of 7"Statement of Yash Paul (petitioner no.1), Age : 22 years; S/o Sh.Charan Dass, R/o Shiv Nagar, Udhampur on oath today i.e. 26.02.2019 Stated that I have entered into a compromise deed executed on 17.11.2018 and have amicable settled all disputes and issues with respondent no.2 namely Charan Dass and respondent no.3 namely Naresh Kumar in terms of the said deed. In view of the afore said compromise deed, I pray the Hon'ble Court to quash the FIR bearing no.373 of 2008 u/s 380, 454 RPC (registered by P/S Udhampur).
Statement of Sourav (petitioner no.2), Age : 20 years; S/o Sh. Romesh, R/o Faizula Chak Gurdaspur, Punjab A/p Shiv Nagar, Udhampur on oath today i.e. 26.02.2019 Stated that I have entered into a compromise deed executed on 17.11.2018 and have amicable settled all disputes and issues with respondent no.2 namely Charan Dass and respondent no.3 namely Naresh Kumar in terms of the said deed. In view of the afore said compromise deed, I pray the Hon'ble Court to quash the FIR bearing no.373 of 2008 u/s 380, 454 RPC (registered by P/S Udhampur).
Statement of Charan Dass (respondent no.2), Age: 45 years; S/o Sh. Munshi Ram, R/o Shiv Nagar, Udhampur on oath today i.e. 26.02.2019 Stated that I have entered into a compromise deed executed on 17.11.2018 and have amicable settled all disputes and issues with petitioner no.1 namely Yash Paul and petitioner no.2 namely Sourav in terms of the said deed. In view of the afore said compromise deed, I have no objection in case the Hon'ble Court quashes the FIR bearing no.373 of 2008 u/s 380, 454 RPC (registered by P/S Udhampur).
Statement of Naresh Kumar (respondent no.3) , Age : 33 years; S/o Sh. Persu, R/o Village Gaghot, Tehsil and District Udhampur on oath today i.e. 26.02.2019 CRMC No.732/2018, Cr1M No.536/2019 Page 2 of 7 Stated that I have entered into a compromise deed executed on 17.11.2018 and have amicable settled all disputes and issues with petitioner no.1 namely Yash Paul and petitioner no.2 namely Sourav in terms of the said deed. In view of the afore said compromise deed, I have no objection in case the Hon'ble Court quashes the FIR bearing no.373 of 2008 u/s 380, 454 RPC (registered by P/S Udhampur).
Statement of Sh. Sandeep Bhat, Advocate for the petitioners on oath today i.e. 26.02.2019 Stated that I do hereby identify all the petitioners who have deposed their statements before Registrar Judicial in my presence which are true and correct to my knowledge.
Statement of Sh.M.Y. Akhoon, Advocate for respondent nos. 2 and 3 on oath today i.e. 26.02.2019 Stated that I do hereby identify the respondent nos.2 and 3 who have deposed their statements before Registrar Judicial in my presence which are true and correct to my knowledge."
4. From bare perusal of the statements placed on record, it is evident that parties have entered into a compromise whereby they have settled their differences. Further, from perusal of compromise deed placed on record, it is evident that there was a family dispute between the parties. Petitioner No.1 is the son of respondent No.2 and petitioner No.2 is the tenant of respondent No.2 in his newly constructed house at Kashirah, Tehsil Udhampur. As such all the parties are maintaining the cordial relations and are related by faith, business and blood with each other.
5. Relevant extract of the compromise deed is reproduced as under:-
"i/ That no party shall contest the case against each other in any court of law as it was not the intention of the parties to the 2nd part to get the articles stolen and never they have ever committed any CRMC No.732/2018, Cr1M No.536/2019 Page 3 of 7 such offence so far and are having good reputation in the eyes of the parties of the first part.
ii/ That this compromise has been entered in between the parties out of their free will and consent, without any pressure, fraud or any undue influence but have been executed by the parties in their sound state of mind.
iii/ That the parties of the 1st part are not interested in pursuing in the FIR No.373/2018 for offence U/Ss 454/380 of RPC and the parties of the 1st part will have no objection whatsoever if the parties of the 2nd part will get the FIR quashed or set aside from any court of competent jurisdiction or authority."
6. In Gian Singh Vs. State of Punjab & Anr., (2012) 10 SCC 303, it is held as under:-
"48.The question is with regard to the inherent power of the High Court in quashing the criminal proceedings against an offender who has settled his dispute with the victim of the crime but the crime in which he is allegedly involved is not compoundable under Section 320 of the Code.
49. Section 482 of the Code, as its very language suggests, saves the inherent power of the High Court which it has by virtue of it being a superior court to prevent abuse of the process of any court or otherwise to secure the ends of justice. It begins with the words, „nothing in this Code‟ which means that the provision is an overriding provision. These words leave no manner of doubt that none of the provisions of the Code limits or restricts the inherent power. The guideline for exercise of such power is provided in Section 482 itself i.e., to prevent abuse of the process of any court or otherwise to secure the ends of justice. As has been repeatedly stated that Section 482 confers no new powers on High Court; it merely safeguards existing inherent powers possessed by High Court necessary to prevent abuse of the process of any Court or to secure the ends of justice. It is equally well settled that the power is not to be resorted to if there is specific provision in the Code for the redress of the grievance of an aggrieved party. It should be exercised very sparingly and it should not be exercised as against the express bar of law engrafted in any other provision of the Code.CRMC No.732/2018, Cr1M No.536/2019 Page 4 of 7
50. In different situations, the inherent power may be exercised in different ways to achieve its ultimate objective. Formation of opinion by the High Court before it exercises inherent power under Section 482 on either of the twin objectives, (i) to prevent abuse of the process of any court or (ii) to secure the ends of justice, is a sine qua non.
51. In the very nature of its constitution, it is the judicial obligation of the High Court to undo a wrong in course of administration of justice or to prevent continuation of unnecessary judicial process. This is founded on the legal maxim quando lex aliquid alicui concedit, conceditur et id sine qua res ipsa esse non potest. The full import of which is whenever anything is authorized, and especially if, as a matter of duty, required to be done by law, it is found impossible to do that thing unless something else not authorised in express terms be also done, may also be done, then that something else will be supplied by necessary intendment. Ex debito justitiae is inbuilt in such exercise; the whole idea is to do real, complete and substantial justice for which it exists. The power possessed by the High Court underSection 482 of the Code is of wide amplitude but requires exercise with great caution and circumspection.
52. It needs no emphasis that exercise of inherent power by the High Court would entirely depend on the facts and circumstances of each case. It is neither permissible nor proper for the court to provide a straitjacket formula regulating the exercise of inherent powers under Section 482. No precise and inflexible guidelines can also be provided.
53. Quashing of offence or criminal proceedings on the ground of settlement between an offender and victim is not the same thing as compounding of offence. They are different and not interchangeable. Strictly speaking, the power of compounding of offences given to a court under Section 320 is materially different from the quashing of criminal proceedings by the High Court in exercise of its inherent jurisdiction. In compounding of offences, power of a criminal court is circumscribed by the provisions contained in Section 320 and the court is guided solely and squarely thereby while, on the other hand, the formation of opinion by the High Court for quashing a criminal offence or criminal proceeding or criminal complaint is guided by the material on record as to whether the ends of justice would justify such exercise of power although the ultimate consequence may be acquittal or dismissal of indictment.
54. Where High Court quashes a criminal proceeding having regard to the fact that dispute between the offender and victim has CRMC No.732/2018, Cr1M No.536/2019 Page 5 of 7 been settled although offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. No doubt, crimes are acts which have harmful effect on the public and consist in wrong doing that seriously endangers and threatens well-being of society and it is not safe to leave the crime- doer only because he and the victim have settled the dispute amicably or that the victim has been paid compensation, yet certain crimes have been made compoundable in law, with or without permission of the Court. In respect of serious offences like murder, rape, dacoity, etc; or other offences of mental depravity under IPC or offences of moral turpitude under special statutes, like Prevention of Corruption Act or the offences committed by public servants while working in that capacity, the settlement between offender and victim can have no legal sanction at all. However, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or the family dispute, where the wrong is basically to victim and the offender and victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable, the High Court may within the framework of its inherent power, quash the criminal proceeding or criminal complaint or F.I.R if it is satisfied that on the face of such settlement, there is hardly any likelihood of offender being convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated. The above list is illustrative and not exhaustive. Each case will depend on its own facts and no hard and fast category can be prescribed.
55 B.S. Joshi (2003) 4 SCC 675 Nikhil Merchant (2008) 9 SCC 677 Manoj Sharma (2008) 16 SCC 1 and Shiji alias Pappu (2011) 10 SCC 705 do illustrate the principle that High Court may quash criminal proceedings or FIR or complaint in exercise of its inherent power under Section 482 of the Code and Section 320 does not limit or affect the powers of the High Court under Section 482. Can it be said that by quashing criminal proceedings in B.S. Joshi1, Nikhil Merchant, Manoj Sharma and Shiji alias Pappu, this Court has compounded the non- compoundable offences indirectly? We do not think so. There does exist the distinction between compounding of an offence under Section 320 and quashing of a criminal case by the High Court in exercise of inherent power under Section 482. The two CRMC No.732/2018, Cr1M No.536/2019 Page 6 of 7 powers are distinct and different although ultimate consequence may be same viz., acquittal of the accused or dismissal of indictment."
7. Having carefully considered the facts and circumstances of the present case, and also the law relating to the continuance of criminal cases where the complainant and the accused had settled their differences and had arrived at an amicable arrangement, I am of considered opinion that future trial is mere wastage of time of courts. As the parties have compromised, there would be no chance of conviction of accused in the case. Offences for which criminal prosecution has been launched are not heinous one.
8. Consequently, this petition is allowed and FIR No.373 of 2018 under Sections 380 & 454 RPC registered with Police Station Udhampur registered against the petitioners, is quashed in view of compromise arrived at between the parties.
( Sanjay Kumar Gupta ) Judge Jammu 08.05.2019 Narinder NARINDER KUMAR SHARMA 2019.05.10 11:58 I attest to the accuracy and integrity of this document CRMC No.732/2018, Cr1M No.536/2019 Page 7 of 7