Shivani Thakur vs The State Of Himachal Pradesh
2023 Latest Caselaw 2148 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                 CRMMO No.: 27 of 2023




                                                                       .
                                                 Decided on: 13.03.2023





    Shivani Thakur                                                 ....Petitioner

                  Versus





    The State of Himachal Pradesh                                  ...Respondents
    Coram
    The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.





    Whether approved for reporting?1 Yes
    For the petitioner           :        Mr. Dheeraj K. Vashisht,
                     r                    Advocate.

    For the respondent           :        M/s Pushpender Jaswal and

                                          Baldev Negi, Additional Advocate
                                          Generals with Mr. Gautam Sood,
                                          Deputy Advocate General.
    Ajay Mohan Goel, Judge (Oral)

By way of this petition filed under Section 482 of

the Code of Criminal Procedure, the petitioner has prayed for

quashing of FIR No. 56 of 2020, dated 15.06.2020, registered

at Police Station Gagret, District Una, HP, under Section 309

of the Indian Penal Code and consequential criminal

proceedings pending in the Court of learned Judicial

Magistrate 1st Class, Court No. II, District Una, H.P.

2. Learned Counsel for the petitioner has submitted

that the petitioner is 25 years old as of now and when the

1 Whether reporters of the local papers may be allowed to see the judgment?

alleged incident took place, she was just 21& ½ years old and

was not mentally so mature so as to understand as to what

.

was good and bad for her. Learned counsel has further

informed the Court that the petitioner after successfully

completing her B.Sc. in Nursing is now employed in a private

Nursing Institute. Learned Counsel has further submitted

that the entire life of the petitioner is in front of her and in

these circumstances, if this stigma of FIR, is removed by this

Court by exercising the inherent powers so conferred under

Section 482 of the Criminal Procedure Code, ends of justice

would be met.

3. Learned Additional Advocate General has

submitted that in view of the peculiar facts of the case,

appropriate orders be passed by this Court.

4. In plethora of cases, Hon'ble Supreme Court has

reiterated the broad principles qua exercise of inherent

jurisdiction by the High Courts under Selection 482 of the

Criminal Procedure Code and held that this provision

preserves the inherent power of the High Court to prevent an

abuse of the process of any Court or to secure the ends of

justice. Hon'ble Supreme Court has held that while exercising

its power under Selection 482 of the Criminal Procedure

Code, the High Court must have due regard to the nature and

gravity of the offence and heinous and serious offenses

.

involving mental depravity or offences such as murder, rape

and dacoity cannot appropriately be quashed despite the

victim or the family of the victim have settled the dispute.

Hon'ble Supreme Court has further held that as distinguished

from serious offences, there may be criminal cases which

have an overwhelming or predominant element of civil dispute

and such cases stand on a distinct footing in so far as the

exercise of the inherent power to quash is concerned. Hon'ble

Supreme Court has also laid down the principle that High

Court may quash criminal proceedings if continuation of

criminal proceedings would cause oppression and prejudice in

the peculiar facts of the case.

5. Coming to the facts of the present case, the details

of the FIR have already been mentioned hereinabove. The

background, in which, the alleged offence was committed by

the petitioner is borne out from the copy of final report filed

by the Investigating Officer under Section 173 of the Criminal

Procedure Code, which this Court purposely is not

mentioning in this order. Suffice to say that besides the act of

the petitioner being an immature act, it also probably was out

of sheer frustration and grave impulse. However, this Court

concurs with the submissions made by the learned counsel

.

for the petitioner that now in the present scenario, where the

petitioner is making an endeavour to settle in life, having had

completed her Post Graduation in Nursing and now having

obtained a job also, it would be in the interest of justice in

case this Court exercises its inherent jurisdiction and

6. to quashes the FIR in issue in the larger interest of justice.

Accordingly, in view of above, this petition is

allowed and FIR No. 56 of 2020, dated 15.06.2020, registered

at Police Station Gagret, District Una, HP under Section 309

of the Indian Penal Code and consequential criminal

proceedings pending in the Court of learned Judicial

Magistrate 1st Class, Court No. II, District Una, H.P. are

ordered to be quashed and set aside

The petition stands disposed of in above terms, so

also pending miscellaneous application(s), if any.

(Ajay Mohan Goel) Judge March 13, 2023 (narender)