Kashmir Singh & Another vs State Of Uttarakhand & Others

Ravindra Maithani, J

The instant petition under Article 226 of the Constitution of India has been filed for quashing the F.I.R. No.417 of 2018, under Sections 323, 324,

325, 504 I.P.C., P.S. Rudrapur, District Udham Singh Nagar on the ground of amicable settlement between the parties.

It is informed that the parties have amicably settled the dispute. The joint compounding application has also been filed by the parties, which is

supported by the affidavit of the petitioner no.1 and respondent no.3. Petitioner no.1-Kashmir Singh and petitioner no.2 Jasveer Singh @ Jaswant

Singh are present in person before this Court duly identified by Mr. Manoj Kumar Ray, Advocate and respondent no.3 Aameer Singh is also present in

person before this Court duly identified by Mr. Manindra Singh Bhandari, Advocate. Petitioners and respondent no.3 state before the Court that they

have amicably settled the dispute.

In the instant case, the F.I.R. was lodged by respondent no.3 against the petitioners and one more person, who it is stated to have died.

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 has amicably been settled. 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………………………………………………..

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 writ petition is allowed. The impugned F.I.R. No.417 of 2018, under Sections 323, 324, 325, 504 I.P.C., P.S. Rudrapur,

District Udham Singh Nagar is hereby quashed qua the petitioners.

Compounding Application No.5810 of 2019 stands disposed of accordingly.