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2019 DIGILAW 427 (HP)

DILPREET SINGH ALIAS LADDI v. STATE OF HP

2019-04-17

AJAY MOHAN GOEL

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JUDGMENT : Ajay Mohan Goel, J. By way of this petition filed under Section 482 of the Cr.P.C., a prayer has been made for quashing of FIR No. 264 of 2011 dated 31.10.2011 registered at Police Station Jawali under Section 392 read with Section 34 of IPC and also proceedings in case No. 17/11 of 2012 pending in the Court of learned Judicial Magistrate 1st Class, Jawali arising out of lodging of the said FIR. 2. Learned Senior Counsel for the petitioner has argued that the dispute which led to the registration of FIR has been amicably settled between the parties and a compromise to this effect was also entered into between complainant and the accused, copy whereof is appended with the petition as Annexure P-3. On the strength of the said compromise, learned Senior Counsel has argued that as the complainant before her death had already compromised the matter with accused, no fruitful purpose would be solved by keeping the trial alive and it will be in the interest of justice in case this petition is allowed and the FIR in issue as also subsequent criminal proceedings pending pursuant to lodging of said FIR are order to be set aside. 3. On the other hand, learned Deputy Advocate General has argued that as the offence alleged against the petitioners is a serious and heinous offence, therefore, this Court in exercise of its inherent powers under Section 482 of Cr.P.C. may not quash the FIR as also the subsequent criminal proceedings pending before the appropriate Court because Hon'ble Supreme Court has also laid down certain guidelines with regard to the exercise of inherent powers by High Courts under Section 482 of Cr.P.C. and as per the said guidelines in cases of heinous crime, no quashing of FIR is permissible even if the matter stands amicably settled by the parties. Learned Deputy Advocate General has placed reliance on Three Judges' Bench judgment of the Hon'ble Supreme Court in Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Kumar and others Vs. State of Gujarat and another, (2017) 9 SCC 641 . 4. Learned Deputy Advocate General has placed reliance on Three Judges' Bench judgment of the Hon'ble Supreme Court in Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Kumar and others Vs. State of Gujarat and another, (2017) 9 SCC 641 . 4. Having heard learned counsel for the parties and having perused the judgment of Hon'ble Supreme Court, this Court is of the view that taking into consideration the nature of offence alleged against the petitioners, this is not a fit case wherein this Court should quash the FIR and subsequent criminal proceedings pending under Section 392 read with Section 34 of IPC in exercise of its inherent powers under Section 482 of Cr.P.C. This Court is not even remotely making any observation on merit of the case because whether or not the petitioners are guilty of the offence alleged against them is for the learned trial court to decide. However, taking into consideration the gravity of the offence alleged against the petitioners, this Court is not willing to accept the prayer of the petitioners. Accordingly, the petition is dismissed, so also pending miscellaneous applications, if any. It is clarified that this Court has not made any observations on merit of the case.