Himachal Pradesh High Court
Roop Lal And Another vs State Of Himachal Pradesh & Another on 5 November, 2024
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MMO No.985/2024.
Date of Decision: 5th November 2024.
Roop Lal and another .....Petitioners.
Versus
State of Himachal Pradesh & another
.....Respondents
Coram
The Hon'ble Mr. Justice Bipin Chander Negi, Judge.
Whether approved for reporting?1
For the Petitioner : Mr. Narender Guleria and Mr. Loveneesh Singh
Thakur, Advocates.
For the Respondents : Mr. Raj Kumar Negi, Additional Advocate
General, for respondent No.1.
: Mr. Chandresh Pal, Advocate, for respondent
No.2.
Bipin Chander Negi, Judge (oral).
By way of instant petition filed under Section 528 of the Code
of Criminal Procedure, a prayer has been made on behalf of the
petitioners for quashing of FIR No.13 of 2024 dated 05.04.2024, under
Sections 498A, 323 & 34 of Indian Penal Code, registered at Women
Police Station Mandi, District Mandi H.P.; as well as consequent judicial
proceedings arising out of the same.
2. The averments contained in the petition, which are duly
supported by an affidavit reveal that on 05.04.2024,
complainant/respondent No.2 had got a FIR registered against the
petitioners, under Sections 498A, 323 & 34 of Indian Penal Code.
However, during the pendency of proceedings, the dispute inter se
parties has been settled amicably vide compromise dated 29.09.2024,
Whether reporters of Local Papers may be allowed to see the judgment?
which is appended alongwith the present petition as
Annexure P-2.
3. Statement of complainant/respondent No.2 stands recorded.
She has categorically stated that she has entered into compromise of her
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 parties stands amicably resolved.
6. From a perusal of Section 528 of the Code of Criminal
Procedure, it is evident that the offence under Section 498A of the Indian
Penal Code is non-compoundable.
7. In this respect, attention of this Court has been drawn to a 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 or 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.13 of 2024 dated
05.04.2024, under Sections 498-A, 323 & 34 of the Indian Penal Code,
registered at Women Police Station Mandi District Mandi, H.P.; is quashed
and consequent judicial proceedings arising out of the same are also
quashed.
10. The petition stands disposed of in the above terms, so also the
pending application(s), if any.
(Bipin Chander Negi)
Judge
5th November, 2024 (tarun)
