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Himachal Pradesh High Court · body

2016 DIGILAW 260 (HP)

Akshay Thakur alias Shantu v. State of Himachal Pradesh

2016-03-16

P.S.RANA

body2016
ORDER : 1. Present petition filed under Section 482 Cr. P.C. for quashing of FIR No. 0163 dated 18.10.2015 registered under Sections 341, 323, 324 and 504 read with Section 34 IPC in Police Station Joginder Nagar District Mandi (H.P.) and quashing proceedings of Criminal Case No. 113-II/15 titled State vs. Akshay & Others. Thereafter petitioners filed Cr. MP No. 1518 of 2015 in Cr. MMO No. 326 of 2015 under Section 482 Cr. PC for giving permission to compound the criminal offence registered under Sections 341, 323, 324 and 504 read with Section 34 IPC. Brief facts of the case: 2. On dated 18.10.2015 complainant Sahil came in Police Station Joginder Nagar along with his mother Kamlesh Kumari and father Kehar Singh and informed that complainant after completion of I.T.I. course used to work in his house and on dated 17.10.2015 in the marriage of Sunny he and his mother and father after consuming food danced and after dancing came upon the road and boarded in the vehicle along with Rishu and Manni. Complainant further alleged that at 2:45 AM during midnight Labbu and DJ owner Rohit came from the residential house of marriage party and Labbu started abusing. It is further alleged that when the complainant was proceeding to his house then accused persons came and blocked the road and beaten the complainant with hands and fist blows. It is further alleged that one of the co-accused inflicted injuries upon the neck of the complainant with his teeth and also torn the shirt of the complainant. It is further alleged that incident was witnessed by Abbu, Harnam Singh and Manish. Case was registered under Sections 341, 323, 324 and 504 read with Section 34 IPC and after investigation Challan filed under Sections 341, 323, 324 and 504 read with Section 34 IPC before Judicial Magistrate 1st Class Joginder Nagar District Mandi against accused persons namely Akshay Thakur, Manish and Kamal. Learned Judicial Magistrate observed that there exist sufficient grounds to proceed against the accused persons for offences punishable under Sections 341, 323, 324 and 504 read with Section 34 IPC and summoned the accused persons for 21.1.2016. Feeling aggrieved against the order of learned trial Court dated 11.12.2015 petitioners filed petition under Section 482 Cr. P.C. and also filed petition for compounding the criminal offences. 3. Per-contra police report filed. Feeling aggrieved against the order of learned trial Court dated 11.12.2015 petitioners filed petition under Section 482 Cr. P.C. and also filed petition for compounding the criminal offences. 3. Per-contra police report filed. As per police report petitioners have committed offence punishable under Sections 341, 323, 324 and 504 read with Section 34 IPC. It is pleaded that Section 324 IPC is non-compoundable offence. It is further pleaded that offences are against the society and it is not in the public interest to drop the proceedings on the basis of out of Court settlement inter se parties. 4. Per-contra separate response filed on behalf of complainant Sahil pleaded therein that he has no objection if the petition filed by the petitioners is allowed. 5. Court heard learned Advocate appearing on behalf of petitioners and learned Additional Advocate General appearing on behalf of non-petitioner No. 1 and learned Advocate appearing on behalf of non-petitioner No. 2 and perused the entire record carefully. 6. Following points arise for determination in the present case: 1) Whether petition filed by the petitioners is liable to be accepted as mentioned in memorandum of grounds of petition as alleged? 2) Final order. Findings upon Point No. 1 with reasons. 7. Submission of learned Advocate appearing on behalf of petitioners that out of Court settlement executed inter-se parties and permission to compound the present case be granted while exercising inherent powers under Section 482 Cr. P.C. is accepted for the reason hereinafter mentioned. Complainant Sahil personally appeared before the Court and stated that accused persons are residents of same locality and in order to keep harmonious relations between the parties permission to compound the case be granted. Statement of complainant Sahil recorded and placed on record. Accused persons Akshay Thakur, Manish and Kamal also appeared before the Court and stated that statement given by the complainant is correct and permission to compound the case be granted. 8. Court is of the opinion that offences committed under Sections 341, 323, 324 and 504 read with Section 34 IPC are personal in nature and are not criminal offences against the society. 8. Court is of the opinion that offences committed under Sections 341, 323, 324 and 504 read with Section 34 IPC are personal in nature and are not criminal offences against the society. It was held in case reported in Gian Singh vs. State of Punjab and Another, 2012 (10) SCC 303 that all criminal offences relating to (i) Commercial (ii) Financial (iii) Mercantile (iv) Civil (v) Partnership (vi) Matrimonial (vii) Dowry (viii) Family disputes are basically private or personal criminal offences in nature and High Court may compound the case and quash the criminal proceedings while exercising inherent powers under Section 482 Cr. P.C. read with Section 320 Cr. P.C. Offences punishable under Sections 323, 341 and 504 IPC are compoundable criminal offences and offence punishable under Section 324 IPC is non-compoundable criminal offence. 9. In view of statement of complainant and in view of statement of accused persons placed on record and in view of the fact that complainant and accused persons are residents of same locality and in order to keep harmonious relations between the parties Court is of the opinion that it is expedient in the ends of justice to give permission to the parties to compound the case while exercising inherent powers under Section 482 Code of Criminal Procedure. Point No. 1 is answered in affirmative. Point No. 2 (Final order). 10. In view of my findings on point No. 1 above permission to compound the present case is granted under Section 482 Cr. P.C. read with Section 320 Cr. P.C. in the ends of justice and accused persons are discharged qua offences punishable under Sections 341, 323, 324 and 504 read with Section 34 IPC and proceedings before the learned trial Court relating to Criminal Case No. 113-II/15 titled State vs. Akshay & Others are quashed in the ends of justice. Statements of complainant Sahil and accused persons namely Akshay, Manish and Kamal placed on record will form part and parcel of order. File of learned trial Court along with certified copy of this order be sent back forthwith and file of the High Court be sent to Record Room after due completion. Cr. MMO No. 326 of 2015 and Cr. MP No. 1518 of 2015 are disposed of. Pending applications if any also disposed of.