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2014 DIGILAW 352 (UTT)

NITIN GUPTA v. STATE OF UTTARAKHAND

2014-09-04

U.C.DHYANI

body2014
JUDGMENT U.C. Dhyani, J. (Oral) The writ petitioners, by means of present Writ Petition, seek to quash the impugned FIR of Case Crime No. 163 of 2014, under Sections 406 and 506 of IPC, lodged by respondent no. 3, at Police Station Bhagwanpur, District Haridwar. 2. A first information report was lodged by respondent no. 3 against the petitioners for the offences punishable under Sections 406 and 506 of IPC. A compounding application being CRMA No. 9848 of 2014 has been filed by the parties, to indicate that they have buried their differences and have settled their disputes amicably. The compounding application is supported by the affidavit of Naseem Ahmad (respondent no. 3). Respondent no. 3 is present in person, duly identified by his counsel Mr. Pooran Singh Rawat, Advocate, who says that he is not interested in prosecuting the petitioners, in as much as, the dispute is settled amicably by them. In other words, respondent no. 3 (the person aggrieved) has exonerated the present petitioners. 3. Whereas offence punishable under Section 506 of IPC is compoundable offence within the Scheme of Section 320 of Cr. P.C., another offence is not. The question is– whether the respondent no. 3 should be permitted to compound the offences under Section 406 and 506 of IPC against the petitioners or not? 4. Perused the contents of the First information report. 5. Hon’ble Supreme Court has permitted compounding of such offences in the decision of Nikhil Merchant v. CBI and another, (2008) 9 SCC 650. 6. Learned counsel for the petitioners 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. 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.” 7. The instant case is squarely covered by the said rulings of the Hon’ble Supreme Court. The obvious reply to the question posed above is in the affirmative in view of the ruling of Hon’ble Apex Court in Gian Singh’s case (supra). 8. In view of the above, the impugned FIR of Case Crime No. 163 of 2014, under Sections 406 and 506 of IPC, lodged by respondent no. 3, at Police Station Bhagwanpur, District Haridwar and the criminal proceedings emanating therefrom, are hereby quashed qua the writ petitioners. 9. Criminal Writ Petition No. 1063 of 2014 is thus disposed of in terms of compromise arrived at between the parties.