AI Structured Summary
Not yet generated for this judgment
Judgment
Ravindra Maithani, J
The instant petition has been filed by the petitioners for quashing the impugned FIR dated 25.01.2019 lodged by respondent no.3 against petitioners registered as F.I.R. No.0031 of 2019, under Sections 406 and 420 of IPC at P.S. Ramnagar, District Nainital and directing the respondent nos.1 & 2 not to arrest the petitioners in connection with the impugned F.I.R.
According to the FIR, the first informant, a widow lady, was working in Delta Electronics Pipalsana, Ramnagar; she met an accident and when she approached petitioner no.3 for medical assistance, she was not provided with any medical assistance by the company; she had to incur all the expenses; the amount deducted from her salary for depositing in E.S.I. (Employees State Insurance) was not deposited in the particular account.
Today it is informed that the parties have amicably settled the dispute. The factory has been closed.
A joint compounding application has also been filed by the parties, which is supported by the affidavit of petitioner no.4 and respondent no.3. Petitioner no.4 Balwant Singh, who is the Manager, is present in person before this Court duly identified by Mr. I.D. Paliwal, Advocate and respondent no.3 Smt. Bhagwati Devi is also present in person before this Court duly identified by Mr. A.M. Saklani, Advocate.
Both petitioner no.4 and respondent no.3 state before the Court that they have amicably settled the dispute. Respondent no.3 states that she has received all her dues.
Heard learned counsel for the parties and perused the record.
Learned counsel for the petitioners and respondent no.3 both would argue that the dispute between the parties is definitely civil in nature. Parties have already settled their dispute amicably. Now, continuance of any criminal proceedings would definitely be non productive and would not yield any result to meet ends of justice. Hence, the FIR may be quashed.
In the case of Gian Singh Vs. State of Punjab and Another, (2012) 10 SCC 303, Hon'ble Court, interalia, held as under:
The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed........................................................
As stated, dispute between the parties relates to employee dues. Parties have already settled their dispute amicably. In fact, if the trial proceeds now, the possibility of conviction is remote and bleak. It would not secure the ends of justice. In fact, interest of justice demands that the criminal case is put to an end. Therefore, this Court is of the view that since parties have amicably settled their dispute, the impugned FIR deserves to be quashed and the petition deserves to be allowed.
Accordingly, the instant petition is allowed. The impugned FIR dated 25.01.2019, registered as FIR No.0031 of 2019, under Sections 406 and 420 of IPC at P.S. Ramnagar District Nainital is hereby quashed.
Compounding Application No.4273 of 2019 stands disposed of accordingly.