Himachal Pradesh High Court
Shri Rishul Kapoor vs State Of Himachal Pradesh on 28 October, 2022
Author: Satyen Vaidya
Bench: Satyen Vaidya
1
REPORTABLE-NON-REPORTABLE
.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 28th DAY OF OCTOBER, 2022
BEFORE
HON'BLE MR. JUSTICE SATYEN VAIDYA
Between:
r to
CRIMINAL MISC. PETITION (MAIN) U/S 482 Cr.P.C No. 815 of 2022
1. SHRI RISHUL KAPOOR, S/O SH. SATISH
KAPOOR, R/O VERMA APARTMENT
BLOCK NO.C, FIRST FLOOR OLD BEER
KHANNA, KHALINI, SHIMLA.
2. RAJEEV, S/O SH. DHYAN SINGH, R/O
VILLAGE KASHANTHLI, PO DURGAPUR,
TEHSIL AND DISTT. SHIMLA, H.P.-
171007.
........PETITIONERS
( BY MR. ARJUN LALL, ADVOCATE )
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SHO POLICE STATION NEW
SHIMLA, SHIMLA, H.P.
2. KAJAL RATHORE, D/O SH. KEHAR
SINGH, PRESENTLY RESIDING AT A/P
VERMA APARTMENT BLOCK B, FLAT 4,
CHOPAL SADAN, KHALINI TEH. AND DISTT.
SHIMLA, PERMANENT R/O VPO DODRA
KAWAAR, TEHSIL DODRA KAWAAR, DISTT.
SHIMLA, H.P.
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2
.
3. JATIN KRISHAN, S/O SH. AJAY
KRISHAN, R/O KRISHAN NIWAS, BELOW
FMPS BCS NEW SHIMLA.
4. SIDHARTH AHLUWALIA, S/O SH. AJAY
KUMAR, R/O RAJ NIWAS, BELOW MAHILA
POLICE THANA, BCS NEW SHIMLA, H.P.
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..........RESPONDENTS
(BY MR. NARENDER THAKUR, DEPUTY
ADVOCATE GENERAL FOR R-1;
MR.VIKAS RAJPUT, ADVOCATE, FOR R-2;
Mr. RAKESH THAKUR, ADVOCATE,FOR R No.3 &4)
This petition coming on for pronouncement of
judgment this day, this Court passed the following:-
ORDER
Heard.
2. By way of instant petition, a prayer has been made to quash FIR No. 38/2019, dated 20.05.2019, under Sections 323, 341, 504, 506 & 509 read with Section 34 of Indian Penal Code, registered at Police Station New Shimla, H.P. and consequent criminal proceedings pending before learned ::: Downloaded on - 31/10/2022 20:32:26 :::CIS 3 Judicial Magistrate, Court No.5, Shimla in Case No. 349 of .
2019.
3. It is averred in the petition that the parties have resolved their dispute amicably as a result of guidance of elder members of the family. They have entered into a compromise.
A copy of which has been placed on record as Annexure P-3. In view of the compromise, respondent No.2/complainant has withdrawn all her allegations against petitioner and respondents No. 3 and 4. The compromise has been arrived at between the parties with a view to put an end all their past disputes and to live in peace in future.
4. Petitioners and respondents No. 2 to 4 were present before this Court on 17.10.2022. Statement of respondent No.2/complainant was recorded, wherein she stated that the FIR No. 38/2019, dated 20.05.2019 was registered at Police Station New Shimla at her instance. She had realized subsequently that complaint lodged by her was result of serious misunderstandings between the parties. She had settled the matter with the petitioners and respondents No. 3 and 4 and terms of the compromise have been reduced into writing. She acknowledged her signatures on compromise ::: Downloaded on - 31/10/2022 20:32:26 :::CIS 4 deed, Annexure P-3. Respondent No.2/complainant further .
stated that in view of the compromise, she did not intend to further prosecute the petitioners and respondents No. 3 and 4.
5. Joint statement of petitioner as well as respondents No.3 and 4 was separately recorded. They endorsed the statement made by respondent No.2/complainant acknowledged the factum of compromise between the parties.
r and also Annexure P-3 was stated by them to be the agreed terms of compromise. Petitioners as well as respondents No. 3 and 4 undertook to abide by all the terms and conditions of the compromise and to live in peace in future.
6. FIR No. 38 of 2019 was registered at Police Station New Shimla, H.P., under Sections 323, 341, 504, 506 & 509 read with Section 34 of the Indian Penal Code. None of the alleged offences fall in the category of serious or heinous offence. The allegations were that the petitioners as well as respondents No. 3 and 4 had misbehaved with respondent No.2/complainant. The injury, if any, was personal to respondent No. 2/ complainant. The decision of the case either way would not have effect the interest of society at large.
::: Downloaded on - 31/10/2022 20:32:26 :::CIS 57. Parties have entered into an amicable settlement .
with the intervention of elders and family members. They intend to live in peace in future. The prime objective of every legal system is to secure peace and harmony amongst masses.
Since, the parties have entered into a compromise and have settled their all past disputes, their prayer for quashing of FIR and consequent criminal proceedings needs to be allowed for the purposes of maintaining peace and harmony in the society. No prejudice shall be caused to the interest of society at large, in case of allowance of prayer made in the instant petition, rather the continuance of ill-will between parties will be detrimental to such interest.
8. Thus, the powers vested in this Court under Section 482 of Cr.P.C. can be used in the given facts of the case to quash FIR as also consequent criminal proceedings in the interest of justice and to avoid abuse of process of law. In view of the compromise between the parties, the continuance of criminal proceedings in pursuance to FIR in question shall entail wastage of valuable Court time. There is no likelihood or probability of success of prosecution case as even in the ::: Downloaded on - 31/10/2022 20:32:26 :::CIS 6 complaint, in view of the compromise, is not likely to support the .
same.
9. In light of above discussion, the instant petition is allowed. FIR No 38 of 2019, dated 20.05.2019, under Sections 323, 341, 504, 506, 509 read with Section 34 of Indian Penal Code, registered at Police Station New Shimla, H.P. and consequent proceedings pending in the Court of learned Judicial Magistrate, Court No. 5, Shimla, H.P., in Case No. 349 of 2019, are ordered to be quashed.
Pending miscellaneous application(s), if any, shall also stands disposed of.
( Satyen Vaidya ) Judge 28th October, 2022 (sushma) ::: Downloaded on - 31/10/2022 20:32:26 :::CIS