Yasmin vs State Of H.P. & Anr

Sushil Kukreja, J

The accused (petitioner herein), after compromising the matter with complainant/ respondent No. 2, has come up before this Court under Section 482 of the Code of Criminal Procedure (hereinafter referred to as “the Code”), by invoking inherent powers of this Court, seeking quashing of F.I.R. No. 45/2023, dated 13.05.2023, under Sections 363 & 376 of the Indian Penal Code (hereinafter referred to as “IPC”) and Section 6 of the Protection of Children from Sexual Offences Act (hereinafter referred to as “POCSO Act”), registered at Police Station Kot-Kehloor, District Bilaspur, H.P.

The present F.I.R. was lodged by complainant-respondent No. 2, who is duly represented and identified by Mr. Kamaljeet Sharma, Advocate.

Today, the parties are present in person and statements of complainant/respondent No. 2 as well as the accused/petitioner, have been separately recorded and placed on the file.

Complainant-respondent No. 2 has stated that on the basis of her complaint, FIR No. 45/2023, dated 13.05.2023, under Sections 363 & 376 of IPC and Section 6 of POCSO Act, was registered against the petitioner at Police Station Kot-Kehloor, District Bilaspur, H.P. She has further stated that she was in love with the petitioner and wanted to solemnize marriage with him, however, there was some hitch in the marriage, as such, a complaint was filed by her against the petitioner without knowing its consequences. She also stated that the aforesaid FIR was registered due to some misunderstanding. Now, with the intervention of friends and relatives, they have resolved the differences, vide Compromise Deed, Annexure P-2 and solemnized the marriage with each other on 19.05.2023 as per marriage certificate Annexure P-3. She has signed the Compromise Deed without any pressure and undue influence and after understanding the contents thereof, which have been read over and explained to her. Therefore, in view of the compromise Annexure P-2, she has no objection if FIR No. 45/2023, dated 13.05.2023, registered at Police Station Kot-Kehloor, District Bilaspur, H.P. and the consequent criminal proceedings arising out of the said FIR, are quashed and set aside. Vide separate statement recorded today, the accused-petitioner has endorsed the statement of the complainant by stating that he was in love with complainant/respondent No. 2 and wanted to solemnize marriage with her, however, there was some hitch in the marriage, as such, a complaint came to be registered against him. He has further stated that the aforesaid FIR was registered due to some misunderstanding. Now, with the intervention of friends and relatives, they have resolved the differences, vide Compromise Deed, Annexure P-2 and solemnized the marriage with each other on 19.05.2023 as per marriage certificate Annexure P- 3. Therefore, in view of the compromise Annexure P-2, FIR No. 45/2023, dated 13.05.2023, registered at Police Station Kot-Kehloor, District Bilaspur, H.P. and the consequent criminal proceedings arising out of the said FIR, may be quashed and set aside.

I have heard the learned counsel for the petitioner, learned Additional Advocate General for respondent No. 1/State as well as the learned counsel for complainant/respondent No. 2 and also gone through the material available on record.

In Madan Mohan Abbot vs. State of Punjab, (2008) 4 SCC 582, the Hon’ble Supreme Court emphasized and advised that in the matter of compromise in criminal proceedings, keeping in view the nature of the case, to save the time of the Court for utilizing to decide more effective and meaningful litigation, a common sense approach, based on ground of realities and bereft of the technicalities of law, should be applied.

In case Narinder Singh and others vs. State of Punjab and others, reported in (2014) 6 SCC 466 and also in State of Madhya Pradesh vs. Laxmi Narayan and others, (2019) 5 SCC 688, the Hon’ble Supreme Court has summed up and laid down principles by which the High Court would be guided in giving adequate treatment to the settlement between the parties and exercise its power under Section 482 of the Code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with criminal proceedings.

The Hon’ble Apex Court in Parbatbhai Aahir alias Parbhathbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and another, (2017) 9 SCC 641, summarizing the broad principles regarding inherent powers of the High Court under Section 482 Cr.P.C. has recognized that these powers are not inhibited by provisions of Section 320, Cr. P.C. The broad principles which emerge from the precedents on the subject may be summarized in the following propositions:-

“(i) Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognizes and preserves powers which inhere in the High Court;

(ii) The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-compoundable.

(iii) In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power;

(iv) While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised; (i) to secure the ends of justice or (ii) to prevent an abuse of the process of any court;

(v) The decision as to whether a complaint or First Information Report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated;

(vi) In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences;

(vii) As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing in so far as the exercise of the inherent power to quash is concerned;

(viii) Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute;

(ix) In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and

(x) There is yet an exception to the principle set out in propositions (viii) and (ix) above. Economic offences involving the financial and economic well-being of the state have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. The consequences of the act complained of upon the financial or economic system will weigh in the balance.”

The perusal of the aforesaid judgments clearly lays down that the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, however, such power is to be exercised sparingly and with great caution. The Hon’ble Supreme Court has further laid down that while exercising its power, the High Court has to examine as to whether the possibility of a conviction is remote and the continuation of a criminal proceeding would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case. The Hon’ble Supreme Court has further held that the Court while exercising power under Section 482 Cr. PC can also be swayed by the fact that settlement between the parties is going to result in harmony between them which may improve their future relationship.

In the instant case, since the matter has been amicably settled between the parties and the petitioner and respondent No. 2 have solemnized marriage with each other on 19.05.2023 as per marriage certificate Annexure P-3, therefore, I am of the considered view that no fruitful purpose will be served to continue the proceedings against the petitioner-accused, as continuation of the proceedings will be an exercise in futility. The justice in the case demands that the dispute between the parties is put to an end and peace is restored in order to maintain harmonious relations/atmosphere between them.

Hence, considering the facts and the circumstances of the case in entirety, I am of the opinion that the present petition deserves to be allowed for securing the ends of justice and, therefore, the same is allowed. Accordingly, FIR No. 45/2023, dated 13.05.2023, under Sections 363 & 376 of IPC and Section 6 of POCSO Act, registered at Police Station Kot-Kehloor, District Bilaspur, H.P. and the consequent criminal proceedings arising out of the said FIR, are quashed and set aside.

Petition stands disposed of in above terms, so also pending application, if any.