Himachal Pradesh High Court
Harpinder Singh vs State Of H.P. & Ors on 13 April, 2023
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
Cr.MMO No.299/2023
.
Decided on: 13.04.2023
Harpinder Singh ....Petitioner
Versus
State of H.P. & Ors. ...... Respondents
............................................................................................
Coram
Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1
For the petitioner :
For the respondents :
r to Mr. Karan Singh Kanwar,
Advocate.
Mr. Y.P.S. Dhaulta, Additional
Advocate General, for respondents
No.1 to 3.
Mr. Dheeraj K. Vasishta, Advocate,
for respondents No.4 and 5.
Petitioner in person.
Respondents No.4 and 5 present
in person.
Jyotsna Rewal Dua, J.
The instant petition has been moved under Section 482 of the Code of Criminal Procedure for quashing FIR No.49/2022 dated 28.02.2022, under Sections 279 and 337 of the Indian Penal Code at Police Station Paonta Sahib, District Sirmaur H.P. alongwith consequent criminal proceedings arising out of it.
2. The said FIR was registered with the allegations that victim-respondent No.4 while crossing the road was hit by a motor 1 Whether reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 13/04/2023 20:43:27 :::CIS 2cycle driven by the petitioner, as a result of which, she suffered injuries. The petitioner had incurred the expenses on her treatment.
.
3. Respondent has filed the status report. Alongwith the status report, statements of victim-respondent No.4-Smt. Premlata, and complainant/respondent No.5- Sh. Ravi Kumar have also been appended. Both these respondents in their statements expressed their no objections for quashing the FIR as well as the consequent judicial proceedings.
4. The petitioner and respondents No.4 and 5 have attended today's proceedings. They have been identified by their respective learned counsel. In terms of their separate statements recorded today, they have stated to have entered into a compromise on 16.03.2022 (Annexure P-2) with their free consent. In this compromise, victim-respondent No.4 and complainant-respondent No.5 have expressed their unwillingness to pursue the FIR in question. Even in their statements recorded today, victim-respondent No.4 and complainant-respondent No.5 have stated that they do not want to continue with the FIR and have no objections in case the FIR in question is quashed and the resultant judicial proceedings are set aside.
4. In view of the status report, learned Additional Advocate General has fairly submitted that he has no objection in case the relief prayed for in the petition is granted in view of the aforesaid ::: Downloaded on - 13/04/2023 20:43:27 :::CIS 3 compromise and in view of amicable settlement of the disputes between the parties.
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6. The law laid down in respect of exercise of powers under Section 482 of the Code of Criminal Procedure for quashing or for refusing to quash the FIR and resultant proceedings on the basis of compromise effected by the parties in (2012) 10 SCC 303 titled Gian Singh vs. State of Punjab; (2014) 6 SCC 466 titled Narinder Singh vs. State of Punjab; (2017) 9 SCC 641 titled as Parbatbhai Aahir vs. State of Gujarat, has been noticed again by Hon'ble Apex Court in (2019) 5 SCC 688 , titled as State of Madhya Pradesh vs. Laxmi Narayan with following observations:-
" 15 . Considering the law on the point and the other decisions of this Court on the point, referred to hereinabove, it is observed and held as under:
15.1 That the power conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves;
15.2. Such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society;
15.3 Similarly, such power is not to be exercised for the offences under the special statutes like ::: Downloaded on - 13/04/2023 20:43:27 :::CIS 4 Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim .
and the offender;
15.4 Offences under Section 307 IPC and the Arms Act etc. would fall in the category of heinous and serious offences and therefore are to be treated as crime against the society and not against the individual alone, and therefore, the criminal proceedings for the offence under Section 307 IPC and/or the Arms Act etc. which have a serious impact on the society cannot be quashed in exercise of powers under Section 482 of the Code, on the ground that the parties have resolved their entire dispute amongst themselves. However, the High Court would not rest its decision merely because there is a mention of Section 307 IPC in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of Section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing the charge under Section 307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delegate parts of the body, nature of weapons used etc. However, such an exercise by the High Court would be permissible only after the evidence is collected after investigation and the charge sheet is filed/charge is framed and/or during the trial. Such exercise is not permissible when the matter is still under investigation. Therefore, the ultimate conclusion in paragraphs 29.6 and 29.7 of the decision of this Court in the case of Narinder Singh (supra) should be read harmoniously and to be read as a whole and in the circumstances stated hereinabove;
15.5 While exercising the power under Section 482 of the Code to quash the criminal proceedings in respect of non-compoundable ::: Downloaded on - 13/04/2023 20:43:27 :::CIS 5 offences, which are private in nature and do not have a serious impart on society, on the ground that there is a settlement/compromise between the victim and the offender, the High Court is .
required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding, how he had managed with the complainant to enter into a compromise etc."
7. Applying the above guidelines to the instant case, the statements made by victim-respondent No.4 and complainant-
respondent No.5 recorded on oath in this Court today (12.04.2023) and in view of the amicable settlement arrived at between the parties, no fruitful purpose will be served in continuing the proceedings in question. The present case because of its peculiar facts noticed above does not fall within the exceptions carved out by the Hon'ble Apex Court where amicable settlement arrived at between the parties cannot be acted upon for quashing the FIR and the consequent proceedings. The possibility of conviction in such circumstances would be very remote. The continuation of the proceedings will be to the great detriment of the petitioner causing him unnecessary harassment and injustice. When the complainant does not want to hold the accused person responsible, then quashing of such FIR would certainly be in the interest of justice.
Accordingly, the petition is allowed. of FIR No.49/2022 dated 28.02.2022, under Sections 279 and 337 of the Indian Penal ::: Downloaded on - 13/04/2023 20:43:27 :::CIS 6 Code at Police Station Paonta Sahib, District Sirmaur H.P. is quashed and consequent judicial proceedings are set aside.
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The petition stands disposed of in the above terms, so also the pending application(s), if any.
Jyotsna Rewal Dua
Judge
13th April 2023
(Rohit)
r to
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