Himachal Pradesh High Court
Sher Singh & Another vs State Of Himachal Pradesh & Others on 21 November, 2024
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MMO No. 987 of 2024.
Date of Decision: 21th November, 2024.
Sher Singh & another .....Petitioners
Versus
State of Himachal Pradesh & others .....Respondents.
Coram
The Hon'ble Mr. Justice Bipin Chander Negi, Judge.
Whether approved for reporting?1
For the Petitioners: Mr. Ankit Dhiman, Advocate.
For the Respondents: Mr. Diwakar Dev Sharma, Additional
Advocate General, for respondents
No.1 & 2/State.
Mr. Hemant Thakur, Advocate, for
respondents No. 3 & 4.
Bipin Chander Negi, Judge (oral).
By way of instant petition filed under Section 528 of
the Bharatiya Nagarik Suraksha Sanhita 2023 for quashing
of FIR No. 108 of 2017 dated 14.03.2017, under Sections
451, 323, 506, 504 read with Section 34 of IPC, as well as
consequential proceedings pending before learned JMFC
Paonta Sahib, District Sirmaur, H.P. Initially the said FIR
was registered under Section 451 of IPC and on filing of
challan Section 451 of IPC was converted into Section 452
of IPC
2. The averments contained in the petition, which is
duly supported by an affidavit reveals that on 14.03.2017
complainant/respondent No.3 had got a FIR registered
against the present petitioners under Sections 451, 323,
Whether reporters of Local Papers may be allowed to see the judgment?
506, 504 read with Section 34 of IPC. Initially the said FIR
was registered under Section 451 of IPC and on filing of
challan Section 451 of IPC was converted into Section 452
of IPC. However, during the pendency of proceedings the
dispute inter se parties has been settled amicably vide
compromise deed Ext. P-1 dated 24.09.2024, copy whereof
is appended along with the present petition.
3. Statement of complainant/respondent No.3 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.3, the dispute inter se parties stands amicably settled
between the parties.
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 Section 452 IPC, is concerned, the same is 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. 108 of
2017 dated 14.03.2017, under Sections 452, 323, 506, 504
read with Section 34 of IPC, as well as consequential
proceedings pending before learned JMFC Paonta Sahib,
District Sirmaur, H.P. are quashed.
The petition stands disposed of in the above terms,
so also the pending application(s), if any.
(Bipin Chander Negi)
Judge
21st November, 2024
(Nisha)
