Anuj And Another vs State Of Himachal Pradesh And Others

Sandeep Sharma, J

By way of present petition filed under Section 528 of the BNSS, 2023, prayer has been made by the petitioners-accused (for short 'accused') for quashing of FIR No.65/2017, dated 07.03.2017, under Sections 341, 323, 324, 307 and 34 of IPC, registered at Police Station Haroli, District Una, H.P., along with consequential proceedings pending in the competent Court of law, on the basis of compromise.

Precisely, the facts of the case, as emerge from the record are that FIR sought to be quashed in the instant proceedings, came to be lodged at the behest of respondent No.4-Sahil Rana (hereinafter, 'complainant'), who alleged that on 06.03.2017 at 10:30 pm, his elder brother Vikram disclosed that two boys are quarreling with his brother Dilawar Singh near poultry farm, Pandoga and as such, he reached on the spot and found that accused namely Anuj and Akhil, petitioners herein, were giving merciless beatings to his brother Dilawar Singh with sharp edge weapon. He alleged that he along with his elder brother Vikram rescued his brother Dilawar Singh and thereafter came to Hospital. In the afore background, FIR came to be lodged against the petitioners herein.

Though at first instance, case under Section 341, 323, 324, 307 and 34 of IPC was registered by the Police, but subsequently learned Sessions Judge dropped Section 307 of IPC on the ground that no case under aforesaid provision of law is made out and proceeded to try the accused under Sections 341, 323, 324 and 34 of IPC. Since during trial, parties to the lis have decided to settle the dispute amicably inter se them by way of compromise placed on record, petitioners have approached this Court in the instant proceedings, praying therein to quash and set aside the FIR as well as consequent proceedings pending before the competent Court of law.

In terms of order dated 21.05.2026, respondent-State was called upon to file status report, but neither factum of compromise has been verified, nor status report has been filed, however, respondent-complainant Sahil Rana along with victim-injured Dilawar Singh have come present and are being represented by Ms. Abhilasha Kaundal, Advocate.

They state that since FIR sought to be quashed in the instant proceedings is result of misunderstanding, coupled with the fact that petitioners have already apologized for their misconduct and have undertaken not to repeat such act in future, they shall have no objection in case FIR in question as well as consequential proceedings pending in the competent Court of law are quashed and set aside and the petitioners are acquitted of the offences alleged in the FIR. While admitting contents of the compromise to be correct, they also admit their signatures thereupon. Their joint statement made on oath is taken on record.

Having heard statement made on oath by complainant, Mr. Rajan Kahol, learned Additional Advocate General, fairly states that no fruitful purpose would be served in case FIR as well as consequent proceedings, sought to be quashed, are allowed to sustain, rather that would unnecessarily widen the rift inter se petitioners and complainant. He further states that otherwise also, chances of conviction of petitioners-accused are very remote and bleak on account of the amicable settlement arrived inter se parties and as such, this Court may pass appropriate orders.

The question which now needs consideration is whether FIR in question can be ordered to be quashed when Hon'ble Apex Court in Narinder Singh and others versus State of Punjab and another (2014)6 SCC 466 has specifically held that power under S. 482 CrPC is not to be exercised in the cases which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society.

At this stage, it would be relevant to take note of the judgment passed by Hon'ble Apex Court in Narinder Singh (supra), whereby the Hon'ble Apex Court has formulated guidelines for accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings. Perusal of judgment referred to above clearly depicts that in para 29.1, Hon'ble Apex Court has returned the findings that power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash criminal proceedings even in those cases which are not compoundable and where the parties have settled the matter between themselves, however, this power is to be exercised sparingly and with great caution. In para Nos. 29 to 29.7 of the judgment Hon'ble Apex Court has laid down certain parameters to be followed, while compounding offences.

Careful perusal of para 29.3 of the judgment suggests that such a power is not to be exercised in the cases which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. Apart from this, offences committed under special statute like the Prevention of Corruption Act or the offences committed by Public Servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender. On the other hand, those criminal cases having overwhelmingly and predominantly civil character, particularly arising out of commercial transactions or arising out of matrimonial relationship or family disputes may be quashed when the parties have resolved their entire disputes among themselves.

The Hon'ble Apex Court in Gian Singh v. State of Punjab and anr. (2012) 10 SCC 303 has held that power of the High Court in quashing of the criminal proceedings or FIR or complaint in exercise of its inherent power is distinct and different from the power of a Criminal Court for compounding offences under Section 320 Cr.PC. Even in the judgment passed in Narinder Singh's case, the Hon'ble Apex Court has held that while exercising inherent power of quashment under Section 482 Cr.PC the Court must have due regard to the nature and gravity of the crime and its social impact and it cautioned the Courts not to exercise the power for quashing proceedings in heinous and serious offences of mental depravity, murder, rape, dacoity etc. However subsequently, the Hon'ble Apex Court in Dimpey Gujral and Ors. vs. Union Territory through Administrator, UT, Chandigarh and Ors. (2013) 11 SCC 497 has further reiterated that continuation of criminal proceedings would tantamount to abuse of process of law because the alleged offences are not heinous offences showing extreme depravity nor are they against the society. Hon'ble Apex Court further observed that when offences of a personal nature, burying them would bring about peace and amity between the two sides.

Hon'ble Apex Court in its judgment dated 4th October, 2017, titled as Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others versus State of Gujarat and Another, passed in Criminal Appeal No.1723 of 2017 arising out of SLP(Crl) No.9549 of 2016, reiterated the principles/parameters laid down in Narinder Singh's case supra for accepting the settlement and quashing the proceedings.

In the case at hand also, offences alleged to have been committed by petitioners do not involve offences of moral turpitude or any grave/heinous crime, rather same are petty offences, as such, this Court deems it appropriate to quash the FIR as well as consequential proceedings thereto, especially keeping in view the fact that parties have compromised the matter inter se them, in which case, possibility of conviction is remote/bleak and no fruitful purpose would be served in continuing with the criminal proceedings.

Since parties have compromised the matter with each other and respondents No.4 and 5, at whose instance FIR sought to be quashed in the instant proceedings came to be lodged, are no more interested in pursuing the criminal prosecution of the petitioners, this Court sees no impediment in accepting the prayer made on behalf of the petitioners for quashing of the FIR along with all consequential proceedings.

Consequently, in view of the aforesaid discussion as well as law laid down by the Hon'ble Apex Court (supra), FIR No.65/2017, dated 07.03.2017, under Sections 341, 323, 324, 307 and 34 of IPC, registered at Police Station Haroli, District Una, H.P., along with consequential proceedings is quashed and set aside. Accused are acquitted of the charges framed against them.

The petition stands disposed of in the aforesaid terms, along with all pending applications.