Himachal Pradesh High Court
Tarsem Singh vs State Of H.P. & Other on 27 December, 2018
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MMO No. 70 of 2018
.
Decided on :27th December,2018
____________________________________________________________
Tarsem Singh ......Petitioner
Versus
State of H.P. & other .....Respondents
of
Coram:
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?_____
rt
For the petitioner : Mr. Vikas Rajput,Advocate.
For the respondents : Mr. Shiv Pal Manhans
Additional Advocate General
with Mr.R.P.Singh and
Mr.R.R.Rahi, Deputy Advocate
General, for respondents No.1
and Mr. Sanjeev Kumar,
Advocate for respondents No.
2 and 3 is present in person.
Justice Vivek Singh Thakur, Judge (Oral)
Present petition has been filed for quashing of FIR No. 85 of 2014 dated 9.5.2014 registered under Sections 353 and 504 of Indian Penal Code at P.S. Sadar Indora, District Kangra H.P., and criminal proceedings initiated in pursuance thereto, on the basis of compromise, arrived at between petitioner-accused and complainant-
respondent No. 3.
::: Downloaded on - 28/12/2018 22:31:55 :::HCHP2. Petitioner/accused and respondents No. 2 and 3 .
are present in Court. Statements of parties on oath have also been recorded.
3. In the present case, complainant/respondent No.3, as stated in his separate statement, has lodged the of FIR on account of information received from respondent No.2 and now the matter stands compromised.
4. rt Complainant (Respondent No.3), in his deposition has endorsed the compromise and has prayed for quashing the FIR and proceedings initiated against petitioner/accused. In his statement he has stated that the complaint was lodged by him after receiving the information from Shri Nand Lal, JCB Operator/respondent No.2 and at that time, as per circumstances explained to him, he had deemed it appropriate to lodge the complaint against the petitioner/accused for his conduct. He has stated that now the petitioner/accused has repentance for his act and his family circumstances are also too adverse and respondent No. 2, who was victim in present case, has compromised the matter with petitioner/accused and respondent No. 2 has requested him to get the matter compounded. He has further stated that since respondent No. 2 Nand Lal and ::: Downloaded on - 28/12/2018 22:31:55 :::HCHP petitioner both are residents of adjacent villages and now they have developed cordial relations with each other and .
living with peace and harmony, therefore, he has agreed to withdraw the complaint and he also does not intend to continue the criminal proceedings in pursuant to FIR lodged by him. He has also stated that compromise so arrived at is of out of his free will and consent and without any threat, pressure or coercion.
5. rt Respondent No. 2 Nand Lal has also, vide separate statement placed on record, endorsed the statement of complainant/respondent No.3 and stated that petitioner/accused has apologized for his conduct and being a resident of adjacent village and to maintain peace and harmony in relations, he has decided to pardon the petitioner. He has further stated that his deposition in Court is with his free consent and will and also without any threat, coercion or pressure etc.
6. The petitioner/accused also, in his statement, by endorsing the statements of complainant and respondent No.2 has stated that incident had taken place in the heat of anger on the spot as the trees of his land were damaged and instead of taking legal action, untoward incident in question had taken place on his part, for which ::: Downloaded on - 28/12/2018 22:31:55 :::HCHP he has apologized, on which, complainant has agreed to withdraw the complaint. He has stated that he has made .
this statement with his free consent and will and also without any threat, coercion or pressure etc.
7. It is contended on behalf of respondent-State that accused is not entitled to invoke inherent jurisdiction of of this Court to exercise its power on the basis of compromise arrived at between the parties with respect to an offence rt not compoundable under Section 320 Cr.PC.
8. Three Judges Bench of the Apex Court in Gian Singh Vs. State of Punjab and Ors. reported in (2012) 10 SCC 303, explaining that High Court has inherent power under Section 482 of the Code of Criminal Procedure with no statutory limitation including Section 320 Cr.PC, has held that these powers are to be exercised to secure the ends of justice or to prevent abuse of process of any Court and these powers can be exercised to quash criminal proceedings or complaint or FIR in appropriate cases where offender and victim have settled their dispute and for that purpose no definite category of offence can be prescribed.
However, it is also observed that Courts must have due regard to nature and gravity of the crime and criminal proceedings in heinous and serious offences or offence like ::: Downloaded on - 28/12/2018 22:31:55 :::HCHP murder, rape and dacoity etc. should not be quashed despite victim or victim family have settled the dispute with .
offender. Jurisdiction vested in High Court under Section 482 Cr.PC is held to be exercisable for quashing criminal proceedings in cases having overwhelming and predominatingly civil flavour particularly offences arising of from commercial, financial, mercantile, civil partnership, or such like transactions, or even offences arising out of rt matrimony relating to dowry etc., family disputes or other such disputes where wrong is basically private or personal nature where parties mutually resolve their dispute amicably. It was also held that no category or cases for this purpose could be prescribed and each case has to be dealt with on its own merit but it is also clarified that this power does not extend to crimes against society.
9. The Apex Court, in case Narinder Singh and Ors.
Vs. State of Punjab and Ors. (2014) 6 SCC 466, has sum up and laid down principles, by which the High Court would be guided in giving adequate treatment to the settlement between the parties and exercise its power under Section 482 of the Code while accepting the settlement and quashing the proceedings or refusing to accept the ::: Downloaded on - 28/12/2018 22:31:55 :::HCHP settlement with direction to continue with criminal proceedings.
.
10. No doubt Section 353 of IPC is not compoundable under Section 320 Cr.P.C. However, as explained by Hon'ble Supreme Court in Gian Singh's and Narinder Singh's cases supra, power of High Court of under Section 482 CrPC is not inhibited by the provisions of Section 320 CrPC and FIR as well as criminal proceedings rt can be quashed by exercising inherent powers under Section 482 CrPC, if warranted in given facts and circumstances of the case for ends of justice or to prevent abuse of the process of any Court, even in those cases which are not compoundable where parties have settled the matter between themselves.
11. In present case, dispute arose just due to some hot exchange of words, which now stands settled between the parties. In these facts and circumstances, I find that it is a fit case to exercise power under Section 482 Cr.P.C.
12 Further, offence in question does not fall in the category of offences prohibited for compounding in terms of the pronouncements of the Apex Court by exercising power under Section 482 of the CrPC.
::: Downloaded on - 28/12/2018 22:31:55 :::HCHP13 Keeping in view nature and gravity of offence and considering facts and circumstances of the case in .
entirety, I am of the opinion that present petition deserves to be allowed for ends of justice and the same is allowed accordingly and FIR No.85 of 2014 dated 9.5.2014 registered under Sections353 and 504 IPC at Police Station, of Sadar Indora, District Kangra, H.P. is quashed. Consequent to quashing of FIR, criminal proceedings initiated against rt accused in pursuance thereto, in case No. 19-II/2015 titled State vs. Tarsem Singh pending before learned Judicial Magistrate 1st Class, Indora, District Kangra are also quashed.
14 Petition stands disposed of in above terms.
(Vivek Singh Thakur) Judge December 27, 2018 (ms) ::: Downloaded on - 28/12/2018 22:31:55 :::HCHP