Himachal Pradesh High Court
Rajesh Kumar And Others vs State Of H.P. And Others on 5 January, 2016
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MMO No.263 of 2015.
Date of decision: 5.01.2016
.
Rajesh Kumar and others Petitioners.
Versus
State of H.P. and others Respondents.
Coram
of
The Hon'ble Mr.Justice Sureshwar Thakur, J.
Whether approved for reporting?1
For the petitioners:
rt Mr. S.D.Gill, Advocate.
For the respondents: Mr. Vivek Singh Attri, Dy. A.G. for
respondent No.1 to 3.
Sureshwar Thakur, J. (oral)
This petition has been filed at the instance of the petitioners-accused, for the quashing of F.I.R bearing No. 140 of 2012 of 9.8.2012 wherein the petitioners herein stand alleged to have committed offences punishable under Sections 498A/406/506/34 of the Indian Penal Code, registered at Police Station Dhali, District Shimla, H.P. and also for quashing of consequent proceedings initiated in pursuance thereto and pending before the learned trial Court.
1Whether the reporters of the local papers may be allowed to see the Judgment?
::: Downloaded on - 15/04/2017 19:39:49 :::HCHP 22. The complainant has appeared in Court. She in her .
statement on oath reduced into writing and signed by her has portrayed therein of hers having commenced residing with petitioner No.1 her husband, hence as emanable from her statement for begetting peace, amity and harmony in their of marital relations, she has prayed for the petition being accepted and F.I.R aforesaid lodged with Police Station Dhali, rt District Shimla, constituting offences against the petitioners under Sections 498A/406/506/34 of the Indian Penal Code being quashed and set aside. Besides, she also has prayed therein of consequential proceedings initiated in pursuance to the Investigating Officer instituting a report under Section 173 Cr.P.C. before the Court of competent jurisdiction being also quashed and set-aside.
3 Even though some offences constituted in the FIR may not be compoundable, inasmuch as the offences under Sections 498A and 506 of the IPC, hence, obviously theirs being settled through a compromise may also not be permissible. However, in the face of a verdict of the Hon'ble Apex Court in a judgment titled as Gian Singh Versus State ::: Downloaded on - 15/04/2017 19:39:49 :::HCHP 3 of Punjab & another, reported in (2012) 10 SCC 303, the relevant paragraph whereof stands extracted hereinafter mandating that where the victim of the offence and the .
accused come to record a settlement even qua offences which are not compoundable , hence would rather not pave way for the success of the complaint/prosecution rather the prosecution of the offender for his committing the alleged of non-compoundable offences, would be an exercise in futility, is a preponderant and preeminent factor to be borne in mind rt by this Court while exercising the plenary jurisdiction vested in it under Section 482 Cr.P.C.
"58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the 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 wrongdoing that seriously endangers and threats the well being of the 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 ::: Downloaded on - 15/04/2017 19:39:49 :::HCHP 4 certain crimes have been made compoundable in law, with or without the 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 the Prevention of Corruption Act or the offences committed by the public servants while working in that capacity, the settlement between the offender and the victim can have no legal sanction at all. However, of certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or rt 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 the victim and the offender and the 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 FIR if it is satisfied that on the face of such settlement, there is hardly any likelihood of the 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."::: Downloaded on - 15/04/2017 19:39:49 :::HCHP 5
4. As such, when it is mandated therein that for securing/restoring peace and putting the dispute inter se the victim of the offence and the accused to rest, the courts of .
law can proceed to accept the settlement even when some of the offences constituted in the FIR are non-compoundable.
Revering the verdict of the Hon'ble Apex Court, this Court accepts the joint proposal of the petitioners/accused and of complainant to settle/compromise the dispute comprised in the FIR even when some of the offences constituted therein rt are not compoundable especially when the respondent-
complainant has started residing with petitioner No.1 her husband. In aftermath to promote healthy marital ties inter-se them, the petition stands allowed. Accordingly, F.I.R. bearing No. 140 of 2012 of 9.8.2012 registered at Police Station Dhali under Sections 498A/406/506/34 IPC and consequential proceedings initiated thereon and pending against the accused/petitioners in the Court of competent jurisdiction are quashed and set-aside. The petition stands disposed of accordingly.
Dasti copy.
5th January, 2016. (Sureshwar Thakur) ™ Judge.
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