Himachal Pradesh High Court
Dalveer Singh & Ors vs State Of Himachal Pradesh And Others on 21 October, 2024
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MMO No.884 /2024.
Date of Decision: 21st October, 2024.
Dalveer Singh & Ors. .....Petitioners
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 Petitioners: Mr. Ashok Kumar, Advocate.
For the Respondents: Mr. Manish Thakur, Dy. Advocate
General, for respondents No.1 & 2/State.
Mr. Amrinder Singh Rana, Advocate, for
respondents No.3.
Bipin Chander Negi, Judge (oral).
By way of instant petition filed under Section 528 of
the Bharatiya Nagrik Suraksha Sanhita 2023, a prayer has
been made on behalf of the petitioners for quashing of FIR
No.38/2021 dated 05.04.2021 under Sections 451, 323,
504, 506 and 34 of the Indian Penal Code, registered at
Police Station Puruwala, District Sirmaur, H.P as well as
consequent proceedings pending before the learned trial
Court. Initially FIR was registered under Sections 451,
323, 504, 506 and 34 of the IPC. During investigation,
Section 323 was converted into Section 324, as the same
is evident from the challan presented in the appropriate
Court.
Whether reporters of Local Papers may be allowed to see the judgment?
2. The averments contained in the petition, which is
duly supported by an affidavit reveals that on 05.04.2021
complainant/respondent No.3 had got a FIR registered
against the present petitioners under Sections 451, 323
(which post-investigation was converted into Section 324
IPC), 504, 506 and 34 of the IPC. However, during the
pendency of proceedings the dispute inter se parties has
been settled amicably vide compromise dated 27.07.2024,
copy whereof is appended along with the present petition
as Annexure P-2.
3. Statement of complainant/respondent No.3 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.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 320 of the Code of
Criminal Procedure, it is evident that in so far as Section
324 of the Indian Penal Code, 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.38/2021 dated 05.04.2021 under Sections 451, 324,
504, 506 and 34 of the Indian Penal Code, registered at
Police Station Puruwala, District Sirmaur, H.P as well as
consequent proceedings pending before the learned trial
Court are quashed.
The petition stands disposed of in the above terms,
so also the pending application(s), if any.
(Bipin Chander Negi)
Judge
21st October, 2024
(Gaurav Rawat)
