Saurabh Balodhi vs State Of Uttarakhand And Another

R.C. Khulbe, J

By means of present application under Section 482 Cr.P.C., the applicants seek to quash the entire proceedings arising out of FIR No.33/16, Case

No.54/2016, State vs. Ritesh Adhikari and others, under Sections 452 & 504 IPC, P.S. Kotdwar, District Pauri Garhwal.

A compounding application being CRMA No.4062 of 2019 has been filed by the parties to show that the parties have buried their differences and

have settled their disputes amicably.

Learned counsel for the State has argued that the offence punishable under Section 452 IPC is not compoundable offences and section 504 is

compoundable offence.

The Apex Court has dealt with the consequence of a compromise in regard to non-compoundable offences in the case of B.S.Joshi and others

vs. State of Haryana and another, (2003) 4 SCC 675 and has held as below

“If for the purpose of securing the ends of justice, quashing of FIR becomes necessary, Section 320 Cr.P.C. would not be a bar to the exercise of

power of quashing. It is, however, a different matter depending upon the facts and circumstances of each case whether to exercise or not such a

power.â€​

Thus, the High Court, in exercise of its inherent power can quash criminal proceedings or FIR or complaint and Section 320 of Cr.P.C. does not

limit or affect the powers under Section 482 of the Code of Criminal Procedure, 1973.

Hon’ble Supreme Court has permitted compounding of such offences in the decision of Nikhil Merchant v. CBI and another, (2008) 9

SCC 650.

Learned counsel for the parties also drew the attention of this Court towards the ruling of Gian Singh v. State of Punjab and another, (2013) 1

SCC (Cri) 160, in which Hon’ble Supreme Court observed as below:

“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. However, before exercise of such power, the High Court must have due regard to the

nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly

quashed even though the victim or victim’s family and the offender have settled the dispute. Such offences are not private in nature and have

serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention

of Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal

proceedings involving such offences. But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the

purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the

offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the

parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the

compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to

great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement

and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to

continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and

compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the

answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.â€​

The instant case is squarely covered by the above ruling of the Hon’ble Supreme Court.

Parties are present before the Court today and they are duly identified by their respective counsels.

Accordingly, Compounding Application No.4062 is allowed. As a consequence thereof, the charge-sheet dated 02.06.2016, as well as the entire

proceedings arising out of FIR No.33/16, Case No.54/2016, State vs. Saurabh Balodhi and others, under Sections 452 & 504 IPC, P.S. Kotdwar,

District Pauri Garhwal, are hereby quashed qua the present applicant, on the basis of compromise arrived at between the parties.

Present C-482 application stands disposed of, as above.

Pending applications, if any, also stand disposed of accordingly.