Himachal Pradesh High Court
Shashi Kumar vs State Of Himachal Pradesh And Others on 13 November, 2024
1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MMO No.829 of 2024
Date of Decision : 13.11.2024
Shashi Kumar
...... Petitioner
Versus
State of Himachal Pradesh and others
.......Respondents
Coram:
The Hon'ble Mr. Justice Bipin Chander Negi, Judge
Whether approved for reporting?1
For the petitioner : Mr. Amit Kumar Dhumal, Advocate.
For the respondents : Mr. Manish Thakur, Deputy Advocate General, for
respondent No.1/State.
Ms. Parul Negi, Advocate, for respondents No.2 and
3.
Bipin Chander Negi, Judge (oral)
By way of instant petition filed under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, a prayer has been made on
behalf of the petitioner for quashing of FIR No.0121 dated 03.07.2024, under
Sections 331(3), 305 of the Bharatiya Nyaya Sanhita (BNS), 2023, registered
at Police Station, Balh, District Mandi, as well as consequent proceedings
arising therefrom, pending before the learned Trial Court.
2. The averments contained in the petition, which is duly supported
by an affidavit reveals that on 03.07.2024, complainant/respondent No.2 had
Whether reporters of Local Papers may be allowed to see the judgment? Yes
got a FIR registered against the present petitioner being FIR No.0121 dated
03.07.2024, under Sections 331(3), 305 of the Bharatiya Nyaya Sanhita
(BNS), 2023. However, during the pendency of proceedings, the dispute inter
se parties has been settled amicably vide compromise deed dated
23.08.2024, copy whereof is appended along with the present petition as
Annexure P-2.
3. Statements of complainant/respondent No.2 and her
mother/wife of respondent No.3 stand recorded. They have categorically
stated that they have entered into compromise of their own free will, volition
and without any pressure. According to them, 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 359 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, it is evident that in so far as Sections 331(3) and
305 of the Bharatiya Nyaya Sanhita (BNS), 2023, are concerned, the same
are not 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. Further, the Apex Court in Parbatbhai Aahir alias Parbathbhai
Bhimsinghbhai Karmur and others vs. State of Gujarat and another,
(2017) 9 SCC 641 summarizing the broad principles regarding inherent
powers of the High Court under Section 482 Cr.P.C. has recognized that
these powers are not inhibited by provisions of Section 320 Cr.P.C.
9. 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.
10. Accordingly, the petition is allowed. FIR No.0121 dated
03.07.2024, under Sections 331(3), 305 of the Bharatiya Nyaya Sanhita
(BNS), 2023, registered at Police Station, Balh, District Mandi, as well as
consequent proceedings arising therefrom, pending before the learned Trial
Court, are quashed.
11. The petition stands disposed of in the above terms, so also the
pending application(s), if any.
( Bipin Chander Negi)
November 13, 2024 (KS) Judge
