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2019 DIGILAW 456 (UTT)

BALAM SINGH GUNSOLA v. STATE OF UTTARAKHAND

2019-08-20

R.C.KHULBE

body2019
JUDGMENT Hon'ble R.C. Khulbe, J. By way of present application, moved under Section 482 of Cr.P.C. the applicant seeks to quash summoning order dated 30.10.2018 passed in criminal case no.364 of 2018, State Vs. Balam Singh and others pending before Addl. Chief Judicial Magistrate Rishikesh, District Dehradun, under Sections 147, 149, 323 and 506 IPC, charge sheet dated 21.08.2018 pursuant to the FIR No.204 of 2018 lodged by respondent no.2 at P.S. Rishikesh, District Dehradun on 12.05.2018 as well as entire proceedings of the aforesaid case in terms of compromise arrived between the parties. 2. After perusal of the FIR, it would reveal that respondent no.2 lodged FIR against the present applicant as well as four others on 12.05.2018 at P.S. Rishikesh, District Dehradun with the allegation that on 11.05.2018 the applicant along with four others came to the house of respondent no.2 in Bolero Car and tried to kill respondent no.2. 3. The parties have filed a Compounding Application no. 2330 of 2019 to show that the parties have buried their differences and have settled their disputes amicably 4. It is further contended that the offences punishable under Sections 147 and 149 IPC are non-compoundable offences. 5. 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. 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." 6. Parties are present in the Court today and they are duly identified by their respective counsel. 7. Parties are present in the Court today and they are duly identified by their respective counsel. 7. Considering the fact that the offences punishable under Sections 147 and 149 IPC are non-compoundable offences and also the fact that complainant has filed an affidavit stating that the matter has been settled amicably between the parties, it would be just and appropriate to allow the present compounding applications in the interest of justice. 8. Accordingly, the compounding application is allowed. The summoning order dated 30.10.2018 passed in criminal case no. 364 of 2018, State Vs. Balam Singh and others pending before Addl. Chief Judicial Magistrate Rishikesh, District Dehradun, under Sections 147, 149, 323 and 506 IPC, charge sheet dated 21.08.2018 pursuant to the FIR No.204 of 2018 lodged by respondent no.2 at P.S. Rishikesh, District Dehradun on 12.05.2018 as well as entire proceedings of the aforesaid criminal case is hereby quashed, qua the present applicant only, on the basis of compromise arrived among the parties. 9. Present C482 application stands disposed of, as above. 10. Pending applications, if any, also stand disposed of accordingly.