Himachal Pradesh High Court
Bhola Dutt & Another vs State Of H.P on 30 September, 2019
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
1
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
Cr.MMO No. 510 of 2019
.
Date of Decision: September 30, 2019
Bhola Dutt & another ...Petitioners.
Versus
State of H.P. ..Respondent.
Coram:
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?1
For the Petitioner: M/s B.L. Soni & Aman Parth Sharma,
Advocates, for the petitioners alongwith
Petitioners Bhola Dutt and Yogesh Kumar
present in person.
For the Respondents: Mr. S.C. Sharma, Additional Advocate
General, with M/s R.P. Singh and Kamal Kant,
Deputy Advocate Generals.
Vivek Singh Thakur, J. (oral)
The instant petition, under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.PC'), has been filed by petitioners, on the basis of compromise arrived at between them, for quashing of FIR No.13 of 2019, dated 30.01.2019, registered at Police Station Gohar, District Mandi, H.P., under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC and ST Act') and Section 506 of the Indian Penal Code (herein after referred to as 'IPC').
1 Whether reporters of the local papers may be allowed to see the judgment? ::: Downloaded on - 01/10/2019 20:25:32 :::HCHP 2
2. Petitioners Bhola Dutt (complainant) and Yogesh Kumar (accused) are present in person in the Court today, who have been identified by their learned counsel. Separate statements of the petitioners on oath have also been recorded .
today in the Court and placed on the file.
3. In his statement, petitioner No.1-complainant Bhola Dutt has stated that he is a Contractor by profession and petitioner No.2-accused is the resident of adjacent village and they both are well known to each other. He has further stated that the untoward incident could have been avoided, but unfortunately it had happened, which led to lodging of FIR and now they want to live with peace and harmony to maintain cordial relations between them and therefore with mutual understanding they have compromised the matter and as per compromise, he has also agreed to withdraw the case and filing of the petition for quashing of FIR. He has further stated that compromise deed has also been reduced into writing, which has been placed on record as Annexure P-2 and the same has been signed by him and petitioner No.2-accused in presence of the witness. He has further stated that he has compromised the matter and deposed in this Court out of his free will, consent and without any external pressure, coercion or threat of any kind.
4. In his statement petitioner No.2-accused Yogesh Kumar has stated that he has heard the statement of petitioner No.1-complainant and endorsed the same to be true and correct. He has further stated that he will be careful in future to avoid ::: Downloaded on - 01/10/2019 20:25:32 :::HCHP 3 such untoward incident. He has further stated that he has signed the compromise deed and deposed in this Court out of his free will, consent and without any external pressure, coercion or threat of any kind.
.
5. 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 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 from commercial, financial, mercantile, civil partnership, or such like transactions, or even offences arising out of matrimony relating to dowry etc., family disputes or other such disputes where wrong is basically private ::: Downloaded on - 01/10/2019 20:25:32 :::HCHP 4 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.
6. The Apex Court in Parbatbhai Aahir alias Parbathbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and another, (2017)9 SCC 641 summarizing the broad principles regarding inherent powers of the High Court under Section 482 Cr.P.C. has recognized that these powers are not inhibited by provisions of Section 320 Cr.P.C.
7. The Apex Court in case Narinder Singh and others vs. State of Punjab and others reported in (2014)6 SCC 466 and also in State of Madhya Pradesh vs. Laxmi Narayan and others (2019) 5 SCC 688 has summed 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 settlement with direction to continue with criminal proceedings.
8. No doubt Section 3(1)(x) of SC is not compoundable under Section 320 Cr.P.C. However, as explained by Hon'ble Supreme Court in Gian Singh's, Narinder Singh's, Parbatbhai's and Laxmi Narayan's cases supra, power of High Court under Section 482 Cr.PC is not inhibited by the ::: Downloaded on - 01/10/2019 20:25:32 :::HCHP 5 provisions of Section 320 Cr.PC and FIR as well as criminal proceedings can be quashed by exercising inherent powers under Section 482 Cr.PC, 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.
9. Now, the dispute has been amicably resolved between the private parties on the basis of compromise arrived at between them and the petitioners are residents of the same area and now their relations have become cordial and they are living in peace and harmony. Otherwise also, I am of the considered view that no fruitful purpose shall be served to continue the proceedings against petitioner No.2-accused.
10. In Madan Mohan Abbot vs. State of Punjab, (2008) 4 SCC 582, the Hon'ble Supreme Court emphasized and advised that in the matter of compromise in criminal proceedings, keeping in view of nature of this case, to save the time of the Court for utilizing to decide more effective and meaningful litigation, a commonsense approach, based on ground realities and bereft of the technicalities of law, should be applied.
11. Further, offences in question do 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 Cr.PC.
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12. Keeping in view nature and gravity of offence, statements of parties and also 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. 13 of 2019, dated 30.01.20196, registered at Police Station Gohar, District Mandi, H.P., is quashed. Consequent to quashing of FIR, criminal proceedings initiated against petitioner No.2-accused person in pursuance thereto, are also quashed.
Petition stands disposed of in above terms. Pending application(s), if any, also stand disposed of.
Copy Dasti.
(Vivek Singh Thakur), Judge.
September 30, 2019 (Purohit) ::: Downloaded on - 01/10/2019 20:25:32 :::HCHP