Vinod Kumar Sharma vs State Of Himachal Pradesh & Ors
2023 Latest Caselaw 5903 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. MMO No.336 of 2023.

Date of Decision: 16 th May, 2023.

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       Vinod Kumar Sharma                                         .....Petitioner.





                                          Versus

       State of Himachal Pradesh & ors                            .....Respondents.





       Coram

Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge.

Whether approved for reporting?1

For the petitioner: Mr. Ravi Thakur and Mr. Sanjeev Kumar

Sharma, Advocates.

For the respondents: Mr. Y.P.S. Dhaulta, Mr. Rupinder Singh Thakur, Addl. AGs, for respondents No.1 to 3.

Mr. Balwinder Singh, Advocate, for respondent No.4.

Jyotsna Rewal Dua, Judge

The instant petition has been moved under Section 482 of the Code of

Criminal Procedure for quashing of FIR No.196 of 2019, dated 14.11.2019, under

Sections 279 and 337 of the Indian Penal Code, registered at Police Station Theog,

District Shimla, H.P. as well as for setting aside consequential judicial proceedings

pending before the Court of learned Additional Chief Judicial Magistrate, Theog,

District Shimla, H.P, in Case No.135 of 2019.

2. The prayer for quashing of FIR and setting aside the consequential

judicial proceedings has been made on the strength of compromise between the

parties on 01.04.2023.

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

3. To seek quashing of the FIR and for setting aside the resultant judicial

proceedings, attention has been drawn to a compromise deed dated 01.04.2023 at

page-13 of the paper book executed between the parties. In terms of the said

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compromise, the parties have settled their dispute amicably between them.

4. Respondent No.4 attended today's hearing. His statement was

recorded on oath. Respondent No.4 stated that he had voluntarily executed

compromise deed dated 01.04.2023. That he had good relations with the petitioner

and in order to maintain such relations, he had entered into compromise with the

petitioner. Respondent No.4 has unequivocally stated that he has no objection in

case, the FIR in question, alongwith judicial proceedings, arising therefrom are

quashed and set aside.

5. The petitioner has also attended today's hearing. He has been

identified by the learned counsel. In his statement recorded today, petitioner has

stated that he was not involved in any offence alleged against him in the FIR. That

he enjoyed cordial relations with respondent No.4. The petitioner has prayed for

quashing of FIR in question and for setting aside resultant judicial proceedings in

view of statement of respondent No.4 and the compromise effected between the

parties.

6. Respondents No.1 to 3 have filed their joint reply. In their reply, the

execution of compromise between the petitioner and respondent No.4 has not been

denied. Learned Additional Advocate General has fairly submitted that in view of

the status report he has no objection for allowing the prayer made in the petition.

7. 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)

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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 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

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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 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."

Applying the above guidelines to the instant case, in view of the

compromise entered into by the private parties, the statements made by them and

in view of the amicable settlement arrived at between the parties, no fruitful

purpose will be served in continuing with 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 very

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remote. The continuation of the proceedings will be to the great detriment of the

petitioners causing them 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.

Consequently, the present petition is allowed and FIR No.196 of 2019

dated 14.11.2019, under Sections 279 and 337 of the Indian Penal Code, registered

at Police Station Theog, District Shimla, H.P, is quashed and the consequential

judicial proceedings pending before the learned Court below, are set aside.

The petition stands disposed of accordingly, so also pending

miscellaneous application(s) if any.

Jyotsna Rewal Dua Judge 16th May, 2023

(CS)