Himachal Pradesh High Court
Kulbir Singh vs State Of Himachal Pradesh & Another on 23 December, 2024
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MMO No.1278/2024.
Date of Decision: 23rd December, 2024
Kulbir singh .....Petitioner
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. Jai Ram Sharma, Advocate.
For the Respondents : Mr. R.S. Verma, Additional Advocate General,
for respondent No.1/State.
: Mr. Sahil Dixit, Advocate, for respondent
No.2.
Bipin Chander Negi, Judge (oral).
By way of instant petition filed under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, a prayer has been made on behalf
of the petitioner for quashing of FIR No.191 of 2021 dated 25.11.2021,
under Sections 341, 336, 323 and 504 of the Indian Penal Code,
registered at Police Station, Indora, District Kangra, 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 25.11.2021,
complainant/respondent No.2 had got a FIR registered against the
petitioner under Sections 341, 336, 323 and 504 of the Indian Penal
Code. However, during the pendency of proceedings, the dispute inter
se parties has been settled amicably vide compromise dated 08.11.2024,
1
Whether reporters of Local Papers may be allowed to see the judgment?
2
which is appended alongwith the present petition as Exhibit
P-1.
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 parties stands amicably resolved.
6. From a perusal of Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, it is evident that the offence under Section 336 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.
3
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.191 of 2021 dated
25.11.2021, under Sections 341, 336, 323 and 504 of the Indian Penal
Code, registered at Police Station, Indora, District Kangra, H.P; is
quashed and consequent judicial proceedings arising out of the same are
also quashed.
11. The petition stands disposed of in the above terms, so also the
pending application(s), if any.
(Bipin Chander Negi)
Judge
23rd December, 2024 (tarun)
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