Himachal Pradesh High Court
Shri Rishul Kapoor vs State Of Himachal Pradesh on 28 October, 2022
Bench: Satyen Vaidya
1
REPORTABLE-NON-REPORTABLE
.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 28th DAY OF OCTOBER, 2022
BEFORE
HON'BLE MR. JUSTICE SATYEN VAIDYA
Between:
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CRIMINAL MISC. PETITION (MAIN) U/S 482 Cr.P.C No. 815 of 2022
1. SHRI RISHUL KAPOOR, S/O SH. SATISH
KAPOOR, R/O VERMA APARTMENT
BLOCK NO.C, FIRST FLOOR OLD BEER
KHANNA, KHALINI, SHIMLA.
2. RAJEEV, S/O SH. DHYAN SINGH, R/O
VILLAGE KASHANTHLI, PO DURGAPUR,
TEHSIL AND DISTT. SHIMLA, H.P.-
171007.
........PETITIONERS
( BY MR. ARJUN LALL, ADVOCATE )
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SHO POLICE STATION NEW
SHIMLA, SHIMLA, H.P.
2. KAJAL RATHORE, D/O SH. KEHAR
SINGH, PRESENTLY RESIDING AT A/P
VERMA APARTMENT BLOCK B, FLAT 4,
CHOPAL SADAN, KHALINI TEH. AND DISTT.
SHIMLA, PERMANENT R/O VPO DODRA
KAWAAR, TEHSIL DODRA KAWAAR, DISTT.
SHIMLA, H.P.
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3. JATIN KRISHAN, S/O SH. AJAY
KRISHAN, R/O KRISHAN NIWAS, BELOW
FMPS BCS NEW SHIMLA.
4. SIDHARTH AHLUWALIA, S/O SH. AJAY
KUMAR, R/O RAJ NIWAS, BELOW MAHILA
POLICE THANA, BCS NEW SHIMLA, H.P.
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..........RESPONDENTS
(BY MR. NARENDER THAKUR, DEPUTY
ADVOCATE GENERAL FOR R-1;
MR.VIKAS RAJPUT, ADVOCATE, FOR R-2;
Mr. RAKESH THAKUR, ADVOCATE,FOR R No.3 &4)
This petition coming on for pronouncement of
judgment this day, this Court passed the following:-
ORDER
Heard.
2. By way of instant petition, a prayer has been made
to quash FIR No. 38/2019, dated 20.05.2019, under Sections
323, 341, 504, 506 & 509 read with Section 34 of Indian Penal
Code, registered at Police Station New Shimla, H.P. and
consequent criminal proceedings pending before learned
Judicial Magistrate, Court No.5, Shimla in Case No. 349 of
.
2019.
3. It is averred in the petition that the parties have
resolved their dispute amicably as a result of guidance of elder
members of the family. They have entered into a compromise.
A copy of which has been placed on record as Annexure P-3. In
view of the compromise, respondent No.2/complainant has
withdrawn all her allegations against petitioner and
respondents No. 3 and 4. The compromise has been arrived at
between the parties with a view to put an end all their past
disputes and to live in peace in future.
4. Petitioners and respondents No. 2 to 4 were
present before this Court on 17.10.2022. Statement of
respondent No.2/complainant was recorded, wherein she
stated that the FIR No. 38/2019, dated 20.05.2019 was
registered at Police Station New Shimla at her instance. She
had realized subsequently that complaint lodged by her was
result of serious misunderstandings between the parties. She
had settled the matter with the petitioners and respondents No.
3 and 4 and terms of the compromise have been reduced into
writing. She acknowledged her signatures on compromise
deed, Annexure P-3. Respondent No.2/complainant further
.
stated that in view of the compromise, she did not intend to
further prosecute the petitioners and respondents No. 3 and 4.
5. Joint statement of petitioner as well as respondents
No.3 and 4 was separately recorded. They endorsed the
statement made by respondent No.2/complainant
acknowledged the factum of compromise between the parties.
r and also
Annexure P-3 was stated by them to be the agreed terms of
compromise. Petitioners as well as respondents No. 3 and 4
undertook to abide by all the terms and conditions of the
compromise and to live in peace in future.
6. FIR No. 38 of 2019 was registered at Police Station
New Shimla, H.P., under Sections 323, 341, 504, 506 & 509
read with Section 34 of the Indian Penal Code. None of the
alleged offences fall in the category of serious or heinous
offence. The allegations were that the petitioners as well as
respondents No. 3 and 4 had misbehaved with respondent
No.2/complainant. The injury, if any, was personal to
respondent No. 2/ complainant. The decision of the case either
way would not have effect the interest of society at large.
7. Parties have entered into an amicable settlement
.
with the intervention of elders and family members. They intend
to live in peace in future. The prime objective of every legal
system is to secure peace and harmony amongst masses.
Since, the parties have entered into a compromise and have
settled their all past disputes, their prayer for quashing of FIR
and consequent criminal proceedings needs to be allowed for
the purposes of maintaining peace and harmony in the
society. No prejudice shall be caused to the interest of society
at large, in case of allowance of prayer made in the instant
petition, rather the continuance of ill-will between parties will
be detrimental to such interest.
8. Thus, the powers vested in this Court under Section
482 of Cr.P.C. can be used in the given facts of the case to
quash FIR as also consequent criminal proceedings in the
interest of justice and to avoid abuse of process of law. In view
of the compromise between the parties, the continuance of
criminal proceedings in pursuance to FIR in question shall
entail wastage of valuable Court time. There is no likelihood or
probability of success of prosecution case as even in the
complaint, in view of the compromise, is not likely to support the
.
same.
9. In light of above discussion, the instant petition is
allowed. FIR No 38 of 2019, dated 20.05.2019, under Sections
323, 341, 504, 506, 509 read with Section 34 of Indian Penal
Code, registered at Police Station New Shimla, H.P. and
consequent proceedings pending in the Court of learned
Judicial Magistrate, Court No. 5, Shimla, H.P., in Case No. 349
of 2019, are ordered to be quashed.
Pending miscellaneous application(s), if any, shall
also stands disposed of.
( Satyen Vaidya )
Judge
28th October, 2022
(sushma)
