Mukesh Sharma And Others vs State Of Himachal Pradesh And Others

Bipin Chander Negi, J

By way of instant petition filed under Section 482 of the Code of Criminal Procedure, a prayer has been made on behalf of the petitioners for quashing of FIR No. 15 dated 09.02.2021 under Sections 323, 504, 147, 149, 506 and 427 of the Indian Penal Code registered at Police Station Parwanoo, District Solan, H.P, as well as consequent proceedings before the learned trial Court.

The averments contained in the petition, which is duly supported by an affidavit reveals that on 09.02.2021 complainant/respondent No.2 had got a FIR registered against the present petitioners under Sections 323, 504, 147, 149, 506 and 427 of the Indian Penal Code. However, during the pendency of proceedings the dispute inter se parties has been settled amicably vide compromise dated 04.09.2023, copy whereof is appended along with the present petition as Annexure P-2.

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 the parties stands amicably settled.

I have heard learned counsel for the parties and perused the record carefully.

This Court sees no impediment in quashing the FIR in issue, as the dispute inter se parties stand amicably resolved.

From a perusal of Section 320 of the Code of Criminal Procedure, it is evident that in so far as Sections 323, 504, 506 and 427 of the Indian Penal Code are concerned, the same are compoundable. However, Sections 147 and 149 of the Indian Penal Code are cognizable and bailable offences, which are non-compoundable.

In this respect, attention of this Court has been drawn to 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.

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.

Accordingly, the petition is allowed and FIR No. 15 dated 9. 02.2021 under Sections 323, 504, 147, 149, 506 and 427 of the Indian Penal Code registered at Police Station Parwanoo, District Solan, H.P, as well as consequent proceedings before the learned trial Court are quashed.

The petition stands disposed of in the above terms, so also the pending application(s), if any.