Himachal Pradesh High Court
Yogesh Kumar And Others vs State Of Himachal Pradesh And Another on 7 May, 2024
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MMO No.339 of 2024
.
Date of Decision : 07.05.2024
Yogesh Kumar and others
...... Petitioners
Versus
State of Himachal Pradesh and another
......Respondents
Coram:
For the petitioners :
r to
The Hon'ble Mr. Justice Bipin Chander Negi, Judge
Whether approved for reporting?1 No
Mr. Sunny Dhatwalia, Advocate.
For the respondent : Mr. B.N. Sharma, Additional Advocate General, for
respondent No.1/State.
Mr. Narinder Singh Thakur, Advocate, for
respondent No.2.
Bipin Chander Negi, Judge (oral)
By way of instant petition filed under Section 482 of the Code of
Criminal Procedure, a prayer has been made on behalf of the petitioners
for quashing of FIR No.230/2023 dated 30.12.2023, under Sections 323,
451, 427, 147, 148, 504 of the Indian Penal Code, registered at Police
Station, Barsar, District Hamirpur, Himachal Pradesh, as well as
consequent judicial proceedings pending before the learned trial Court.
2. Original Compromise Deed has been placed on record. As per the
averments contained in the petition, which is duly supported by an
affidavit reveals that on 30.12.2023, complainant/ respondent No.2 had
Whether reporters of Local Papers may be allowed to see the judgment?
got a FIR registered against the present petitioners under Sections 323,
451, 427, 147, 148, 504 of the Indian Penal Code. As a sequel thereto,
Challan has been presented before the learned trial Court. However,
.
during the pendency of proceedings, the dispute inter se parties has been
settled amicably vide Compromise Deed dated 12.04.2024, copy whereof,
is appended alongwith the present petition. The Compromise Deed has
been entered into at the intervention of elder relatives and respectable
members of the society with intent to settle the dispute inter se parties.
3. Statement of complainant/respondent No.2 stands recorded. He
has categorically stated that he has entered into compromise of his own
free will, volition and without any pressure. According to the
complainant/respondent No.2, the dispute inter se parties stands amicably
settled.
4. I have heard learned counsel for the parties and perused the record
carefully.
5. This Court sees no impediment in quashing the FIR in issue, as the
dispute inter se the parties stands amicably resolved.
6. From a perusal of Section 320 of the Code of Criminal
Procedure, it is evident that in so far as Sections 323, 451, 427 & 504
of the Indian Penal Code are concerned, the same are compoundable.
However, Sections 147 and 148 of the Indian Penal Code are
cognizable and bailable offences, which are not compoundable.
7. In this respect, attention of this Court has been drawn to case titled
Narinder Singh and others vs. State of Punjab and another reported
as (2014) 6 Supreme Court Cases, 466, wherein the Apex Court has
categorically laid down that the High Court has inherent power to quash
the criminal proceedings even in those cases, which are not
.
compoundable, where the parties have amicably settled the matter inter
se them. However, this power is to be exercised sparingly and with
caution, in cases where settlement is arrived at. The guiding factors being
securing the ends of justice are to prevent an abuse of the process of any
Court.
8. In view of the fact that the parties have entered into compromise
permitting the proceedings in pursuance to the aforesaid FIR sought to be
quashed to continue would only result into an abuse of process and the
same would not secure the ends of justice.
9. Accordingly, the petition is allowed. FIR No.230/2023 dated
30.12.2023, under Sections 323, 451, 427, 147, 148, 504 of the Indian
Penal Code, registered at Police Station, Barsar, District Hamirpur,
Himachal Pradesh, is quashed and consequent judicial proceedings
pending before the learned trial Court are also quashed.
10. The petition stands disposed of in the above terms, so also the
pending application(s), if any.
( Bipin Chander Negi)
May 07, 2024 (KS) Judge
