Criminal Misc. Petition (Main) ... vs Unknown
2021 Latest Caselaw 5082 HP

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    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                 ON THE 27th DAY OF OCTOBER, 2021




                                                              .
                                  BEFORE





            HON'BLE MR. JUSTICE VIVEK SINGH THAKUR





    CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC NO.283 OF
                           2021
    Between:-
    KARAN KUMAR
    SON OF SH. DILBAG SINGH,





    AGE 26 YEARS,
    RESIDENT OF VILLAGE DAULATPUR,
    TEHSIL GHANARI,
                                                                .....PETITIONER
    DISTRICT UNA, H.P.

    (PETITIONER KARAN KUMAR IS PRESENT

    IN PERSON)

    (BY SH. SANJEEV KUMAR SURI, ADVOCATE)

         AND



    1.   STATE OF H.P. THROUGH SECRETARY
         (HOME) TO THE GOVERNMENT OF
         HIMACHAL PRADESH.






    2.   THE SUPERINTENDENT OF POLICE,
         UNA DISTRICT UNA, H.P.

    3.   STATION HOUSE OFFICER,





         POLICE STATION GAGRET,
         TEHSIL GHANARI,
         DISTRICT UNA, H.P.

         (BY SH.DINESH THAKUR, ADDITIONAL
          ADVOCATE GENERAL)

    4.   RAKESH KUMAR
         SON OF SH. SHAJU RAM,
         RESIDENT    OF     VILLAGE       MAWA
         KOHLAN,
         TEHSIL GHANARI,
         DISTRICT UNA, H.P.
                                                           .....RESPONDENTS
         (BY SH.AMIT JAMWAL, ADVOCATE)




                                             ::: Downloaded on - 31/01/2022 23:14:12 :::CIS
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         (RESPONDENT NO.4 RAKESH KUMAR
         IS PRESENT IN PERSON).


    Whether approved for reporting?
                This petition coming on for presence of parties this




                                                              .

    day, the Court passed the following:

                             JUDGMENT

The instant petition, under Section 482 of the Code of

Criminal Procedure (hereinafter referred to as 'Cr.PC') has been

filed by petitioner-Karan Kumar, on the basis of compromise

(Annexure P-2) arrived at between him and respondent No.4-Rakesh

Kumar, for quashing of FIR No.67 of 2017, dated 27.05.2017,

registered in Police Station Gagret, District Una, H.P., under

Sections 279, 337 and 338 of the Indian Penal Code (in short 'IPC')

and consequent proceedings arising thereto pending before learned

Judicial Magistrate First Class, Court No.2 Amb, District Una, H.P.

2. Petitioner-Karan Kumar and respondent No.4-Rakesh

Kumar-complainant are present in person in the Court today, who

have been identified by their respective learned counsel. Their

Statements, on oath, have been recorded today in the Court.

3. In his statement, respondent No.4-complainant Rakesh

Kumar has stated that accident had taken place on 24.05.2017,

when he was walking on the side of the road and at that time

petitioner had come from the back side on his motorcycle and on

seeing a stray animal on the road he got perplexed and hit the

motorcycle against him. He has stated that he did not know about

the speed of motorcycle and after receiving injuries he was

unconscious for three days and police had approached him when he

regained consciousness and at that time he was under the

impression that accident had taken place on account of rash and

negligent driving of Karan Kumar (petitioner). He has further stated

that as a matter of fact the petitioner had taken his care after the

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accident and during that time he had explained to him

(complainant) that accident had taken place for sudden entry of a

stray animal on the road and not because of his rash and negligent

driving and he (complainant) believed him (petitioner) and,

therefore, he was of the opinion that accident had not taken place

on account of rash and negligent driving and, therefore, he has

compromised the matter and he does not want to continue criminal

proceedings against the petitioner, who is a student and, therefore,

keeping in view future and career of the petitioner, he has prayed

for quashing of FIR. He has further stated that he has signed the

compromise and has 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-Karan Kumar has endorsed

the statement of complainant Rakesh Kumar to be true and correct

and has further undertaken to be more careful in future. He has

further stated that he has entered into compromise without any

pressure and has signed the same voluntarily. He has further

stated that he has deposed in this Court, out of his free will, consent

and without any external pressure, coercion or threat of any kind.

5. It is contended on behalf of respondent-State that

petitioner-accused is not entitled to invoke inherent jurisdiction of

this Court to exercise its power on the basis of compromise arrived

at between the parties with respect to offences not compoundable

under Section 320 Cr.P.C.

6. Three Judges Bench of the Apex Court in Gian Singh Vs.

State of Punjab and Ors. reported in(2012) 10 SCC 303, explaining

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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 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.

7. The Apex Court in Parbatbhai Aahir alias Parbhathbhai

Bhimsinghbhai Karmur and others vs. State of Gujarat and another,

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(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.

8. 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.

No doubt Section 279 of IPC is not compoundable under

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Section 320 Cr.P.C. However, as explained by Hon'ble Supreme

Court in Gian Singh's, Narinder Singh's, Parbatbhai Aahir's and Laxmi

Narayan's cases supra, power of High Court under Section 482 Cr.PC

is not inhibited by the provisions of Section 320 CrPC 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.

10. In Madan Mohan Abbot vs. State of Punjab, (2008) 4 SCC

582, the Hon'ble Supreme Court emphasized and advised that in

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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. Now, the matter has been amicably settled between

the private parties on the basis of compromise arrived at between

them, as such, I am of the considered view that no fruitful purpose

shall be served to continue the proceedings against petitioner-

Kunwar Vikrant Singh.

12. Offence in question, for material on record, does not

fall in the category of offence termed to be prohibited, in terms of

the pronouncements of Apex Court, to be compounded, exercising

power under Section 482 of the Cr.P.C.

13. 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.67 of 2017,

dated 27.05.2017 registered in Police Station Gagret, District Una,

H.P., is quashed. Consequent to quashing of FIR, criminal

proceedings consequent thereto, pending before learned Judicial

Magistrate, First Class, Court No.2, Amb, District Una, H.P., are also

quashed.

14. Petition stands disposed of in above terms.

15. Petitioner is permitted to produce a copy of this

judgment, downloaded from the web-page of the High Court of

Himachal Pradesh, before the authorities concerned, and the said

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authorities shall not insist for production of a certified copy but if

required, may verify it from Website of the High Court.

(Vivek Singh Thakur), Judge.

    September 23, 2021
          (Purohit)




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