Himachal Pradesh High Court

Nishant Son Of Shri Ashok Kumar vs Unknown on 12 October, 2022

Bench: Chander Bhusan Barowalia

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE DAY OF 12th OCTOBER, 2022

BEFORE

.
HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA
CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC No.903 OF 2022

Between:-

NISHANT SON OF SHRI ASHOK KUMAR,

RESIDENT OF C/O DHANJYAL BODH,
WARD NO.2, BHAJOGI NEAR NIRMAL CHHAYA,
POST OFFICE AND TEHSIL MANALI,
DISTRICT KULLU, HIMACHAL PRADESH.

...PETITIONER

(BY MR. MAAN SINGH, ADVOCATE)

AND

STATE OF HIMACHAL PRADESH

2. GHANSHYAM SON OF SHRI MAST RAM,
RESIDENT OF VILLAGE GHAT,
POST OFFICE DEORI, TEHSIL SADAR,
DISTRICT MANDI, H.P. AT PRESENT
RESIDENT OF VILLAGE AND POST OFFICE

OLD MANALI, TEHSIL MANALI,
DISTRICT KULLU, HIMACHAL PRADESH

...RESPONDENTS

(BY MR. ARVIND SHARMA, ADDL. ADVOCATE GENERAL AND
MR. KAMAL KISHORE, DY. ADVOCATE GENERAL)

(BY MR. RAJESH KUMAR, ADVOCATE, FOR R-2)
1
WHETHER APPROVED FOR REPORTING? Yes.

This petition coming on for orders this day, the Court passed
the following :

ORDER

The present petition is maintained by the petitioner under

Section 482 of the Code of Criminal Procedure (hereinafter to be called as

"the Code") for quashing of F.I.R No.119 of 2020 dated 18.9.2020 under

Sections 279, 337 and 338 of the Indian Penal Code and Section 181 of

the Motor Vehicles Act, registered at Police Station Manali, District Kullu,

1
Whether reporters of Local Papers may be allowed to see the judgment ? Yes.

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alongwith all consequential proceedings arising out of the said F.I.R.,

pending before the learned trial Court.

2. Briefly stated the facts, giving rise to the present petition, as

per the prosecution story, are that on 18.9.2020 around 11:00 a.m, when

respondent No.2 was going to his shop near Gurudwara, petitioner drove

a vehicle bearing registration No.HP-58B-1991 in a rash and negligent

manner so as to endanger human life and personal safety of others,

struck against him, as a result of which, respondent No.2 sustained

injuries. On the basis of the aforesaid information given by the

complainant, the instant FIR came to be lodged. Now, the parties have

entered into a compromise, vide Compromise deed (Annexure P-2)

stating therein that the complainant does not want to pursue the case

against the petitioner. Hence, the present petition.

3. Learned counsel for the petitioner has argued that as the

parties have compromised the matter, no purpose will be served by

keeping the proceedings against the petitioners and the FIR/Challan, may

be quashed and set aside.

4. On the other hand, learned Additional Advocate General has

argued that the offence is not compoundable, so the petition may be

dismissed.

5. Learned counsel for respondent No.2 submits that the

parties have entered into compromise, so, the proceedings pending

before the learned Court below may be quashed.

6. To appreciate the arguments of learned counsel appearing

on behalf of the parties, I have gone through the entire record in detail.

7. Their Lordships of the Hon'ble Supreme Court B.S. Joshi

and others vs. State of Haryana and another , (2003) 4 SCC 675,

have held that if for the purpose of securing the ends of justice, quashing

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of FIR becomes necessary, Section 320 would not be a bar to the exercise

of power of quashing. It is well settled that the powers under section 482

have no limits. Of course, where there is more power, it becomes

necessary to exercise utmost care and caution while invoking such

powers. Their Lordships have held as under:

[6] In Pepsi Food Ltd. and another v. Special Judicial
Magistrate and others ((1998) 5 SCC 749), this Court with
reference to Bhajan Lal's case observed that the guidelines
laid therein as to where the Court will exercise jurisdiction
under Section 482 of the Code could not be inflexible or
laying rigid formulae to be followed by the Courts. Exercise

of such power would depend upon the facts and
circumstances of each case but with the sole purpose to
prevent abuse of the process of any Court or otherwise to
secure the ends of justice. It is well settled that these
powers have no limits. Of course, where there is more

power, it becomes necessary to exercise utmost care and
caution while invoking such powers.

[8] It is, thus, clear that Madhu Limaye's case does
not lay down any general proposition limiting power of
quashing the criminal proceedings or FIR or complaint as
vested in Section 482 of the Code or extraordinary power
under Article 226 of the Constitution of India. We are,

therefore, of the view that if for the purpose of securing
the ends of justice, quashing of FIR becomes necessary,
Section 320 would not be a bar to the exercise of power of
quashing. It is, however, a different matter depending upon

the facts and circumstances of each case whether to
exercise or not such a power.

[15] In view of the above discussion, we hold that
the High Court in exercise of its inherent powers can quash
criminal proceedings or FIR or complaint and Section 320
of the Code does not limit or affect the powers under

Section 482 of the Code.

8. Their Lordships of the Hon'ble Supreme Court in Preeti

Gupta and another vs. State of Jharkhand and another , (2010) 7

SCC 667, have held that the ultimate object of justice is to find out the

truth and punish the guilty and protect the innocent. The tendency of

implicating the husband and all his immediate relations is also not

uncommon. At times, even after the conclusion of the criminal trial, it is

difficult to ascertain the real truth. Experience reveals that long and

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protracted criminal trials lead to rancour, acrimony and bitterness in the

relationship amongst the parties. The criminal trials lead to immense

sufferings for all concerned. Their Lordships have further held that

permitting complainant to pursue complaint would be abuse of process of

law and the complaint against the appellants was quashed. Their

Lordships have held as under:

[27] A three-Judge Bench (of which one of us, Bhandari, J.

was the author of the judgment) of this Court in Inder Mohan Goswami and Another v. State of Uttaranchal & Others, 2007 12 SCC 1 comprehensively examined the

legal position. The court came to a definite conclusion and the relevant observations of the court are reproduced in para 24 of the said judgment as under:-

"Inherent powers under section 482 Cr.P.C. though wide have to be exercised sparingly, carefully and with

great caution and only when such exercise is justified by

the tests specifically laid down in this section itself. Authority of the court exists for the advancement of justice. If any abuse of the process leading to injustice is brought to the notice of the court, then the Court would be justified in preventing injustice by invoking inherent powers in absence of specific provisions in the Statute."

[28] We have very carefully considered the averments of the complaint and the statements of all the witnesses recorded at the time of the filing of the

complaint. There are no specific allegations against the appellants in the complaint and none of the witnesses have alleged any role of both the appellants.

[35] The ultimate object of justice is to find out the truth and punish the guilty and protect the innocent. To find out the truth is a herculean task in majority of these

complaints. The tendency of implicating husband and all his immediate relations is also not uncommon. At times, even after the conclusion of criminal trial, it is difficult to ascertain the real truth. The courts have to be extremely careful and cautious in dealing with these complaints and must take pragmatic realities into consideration while dealing with matrimonial cases. The allegations of harassment of husband's close relations who had been living in different cities and never visited or rarely visited the place where the complainant resided would have an entirely different complexion. The allegations of the complaint are required to be scrutinized with great care and circumspection.

36. Experience reveals that long and protracted criminal trials lead to rancour, acrimony and bitterness in the relationship amongst the parties. It is also a matter of common knowledge that in cases filed by the complainant

if the husband or the husband's relations had to remain in jail even for a few days, it would ruin the chances of amicable settlement altogether. The process of suffering is extremely long and painful.

[38] The criminal trials lead to immense sufferings

for all concerned. Even ultimate acquittal in the trial may also not be able to wipe out the deep scars of suffering of ignominy. Unfortunately a large number of these complaints have not only flooded the courts but also have

led to enormous social unrest affecting peace, harmony and happiness of the society. It is high time that the legislature must take into consideration the pragmatic realities and make suitable changes in the existing law. It is imperative for the legislature to take into consideration the informed public opinion and the pragmatic realities in

consideration and make necessary changes in the relevant provisions of law. We direct the Registry to send a copy of this judgment to the Law Commission and to the Union Law Secretary, Government of India who may place it before the Hon'ble Minister for Law & Justice to take appropriate steps in the larger interest of the society.

9. Their Lordships of the Hon'ble Supreme Court in Jitendra

Raghuvanshi and others vs. Babita Raghuvanshi and another,

(2013) 4 SCC 58, have held that criminal proceedings or FIR or complaint

can be quashed under Section 482 Cr. P.C. in appropriate cases in order to

meet ends of justice. Even in non-compoundable offences pertaining to

matrimonial disputes, if court is satisfied that parties have settled the

disputes amicably and without any pressure, then for purpose of securing

ends of justice, FIR or complaint or subsequent criminal proceedings in

respect of offences can be quashed. Their Lordships have held as under:

[13] As stated earlier, it is not in dispute that after filing of a complaint in respect of the offences punishable under Sections 498A and 406 of IPC, the parties, in the instant case, arrived at a mutual settlement and the complainant also has sworn an affidavit supporting the stand of the appellants. That was the position before the trial Court as well as before the High Court in a petition filed under Section 482 of the Code. A perusal of the impugned order of the High Court shows that because the mutual settlement arrived at between the parties relate to non-compoundable offence, the court proceeded on a wrong premise that it cannot be compounded and dismissed the petition filed under Section 482. A perusal of the petition before the High Court shows that the application filed by the appellants was not for

compounding of non-compoundable offences but for the purpose of quashing the criminal proceedings.

[14] The inherent powers of the High Court under Section 482 of the Code are wide and unfettered. In B.S.

Joshi, this Court has upheld the powers of the High Court

under Section 482 to quash criminal proceedings where dispute is of a private nature and a compromise is entered into between the parties who are willing to settle their differences amicably. We are satisfied that the said decision is directly applicable to the case on hand and the

High Court ought to have quashed the criminal proceedings by accepting the settlement arrived at.

[15] In our view, it is the duty of the courts to encourage genuine settlements of matrimonial disputes, particularly, when the same are on considerable increase.

Even if the offences are non-compoundable, if they relate to matrimonial disputes and the court is satisfied that the parties have settled the same amicably and without any pressure, we hold that for the purpose of securing ends of justice, Section 320 of the Code would not be a bar to the

exercise of power of quashing of FIR, complaint or the subsequent criminal proceedings.

[16] There has been an outburst of matrimonial disputes in recent times. The institution of marriage occupies an important place and it has an important role to play in the society. Therefore, every effort should be

made in the interest of the individuals in order to enable them to settle down in life and live peacefully. If the parties ponder over their defaults and terminate their disputes amicably by mutual agreement instead of fighting it out in a court of law, in order to do complete

justice in the matrimonial matters, the courts should be less hesitant in exercising its extraordinary jurisdiction. It is trite to state that the power under Section 482 should

be exercised sparingly and with circumspection only when the court is convinced, on the basis of material on record, that allowing the proceedings to continue would be an abuse of the process of the court or that the ends of

justice require that the proceedings ought to be quashed. We also make it clear that exercise of such power would depend upon the facts and circumstances of each case and it has to be exercised in appropriate cases in order to do real and substantial justice for the administration of which alone the courts exist. It is the duty of the courts to encourage genuine settlements of matrimonial disputes and Section 482 of the Code enables the High Court and Article 142 of the Constitution enables this Court to pass such orders.

[17] In the light of the above discussion, we hold that the High Court in exercise of its inherent powers can quash the criminal proceedings or FIR or complaint in appropriate cases in order to meet the ends of justice and Section 320 of the Code does not limit or affect the powers of the High Court under Section 482 of the Code.

Under these circumstances, we set aside the impugned judgment of the High Court dated 04.07.2012 passed in M.C.R.C. No. 2877 of 2012 and quash the proceedings in Criminal Case No. 4166 of 2011 pending on the file of Judicial Magistrate Class-I, Indore."

10. Similarly, Hon'ble Supreme Court in Parbatbhai Aahir

alias Parbatbhai Bhimsinhbhai Karmur and others vs. State of

Gujarat and another, (2017) 9 Supreme Court Cases 641, wherein it

has been held as under :

"16. The broad principles which emerge from the precedents on the subject, may be summarised in

the following propositions:

16.1. Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new

powers. It only recognises and preserves powers which inhere in the High Court;

16.2. The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of

compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash

under Section 482 is attracted even if the offence is non-compoundable.

16.3. In forming an opinion whether a criminal

proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent

power;

16.4 While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised; (i) to secure the ends of justice or (ii) to prevent an abuse of the process of any court; 16.5 The decision as to whether a complaint or First Information Report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated;

16.6. In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving

mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but

.

have a serious impact upon society. The decision

to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences; 16.7. As distinguished from serious offences, there may be criminal cases which have an

overwhelming or predominant element of a civil dispute. They stand on a distinct footing in so far as the exercise of the inherent power to quash is concerned;

16.8. Criminal cases involving offences which arise from commercial, financial, mercantile,

partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute;

16.9 In such a case, the High Court may quash

the criminal proceeding if in view of the compromise between the disputants, the

possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and 16.10. There is yet an exception to the principle set out in propositions 16.8 and 16.9 above.

Economic offences involving the financial and economic well-being of the state have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to

quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. The consequences of the act

complained of upon the financial or economic system will weigh in the balance.

Even if, the trial is allowed to be continued, as the parties

have compromised the matter, there are bleak chances of conviction to

secure the ends of justice.

11. Thus, taking into consideration the law as discussed herein-

above, I find that the interest of justice will be met, in case, the proceed-

ings are quashed, as the parties have already compromised the matter.

12. Accordingly, looking into all attending facts and

circumstances, I find this case to be a fit case to exercise jurisdiction

vested in this Court, under Section 482 of the Code and accordingly F.I.R

No.119 of 2020 dated 18.9.2020 under Sections 279, 337 and 338 of the

Indian Penal Code and Section 181 of the Motor Vehicles Act, registered at

Police Station Manali, District Kullu is ordered to be quashed and

consequently, the proceedings pending before the learned Trial Court,

arising out of the aforesaid FIR, are also ordered to be quashed.

13. The petition is accordingly disposed of alongwith pending

applications, if any.

                                            ( Chander Bhusan Barowalia )
                                                       Judge

     12th October, 2022
    (CS)                 r           to