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2023 DIGILAW 140 (HP)

Shivani Thakur v. State of Himachal Pradesh

2023-03-13

AJAY MOHAN GOEL

body2023
JUDGMENT : Ajay Mohan Goel, J : By way of this petition filed under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing of FIR No. 56 of 2020, dated 15.06.2020, registered at Police Station Gagret, District Una, HP, under Section 309 of the Indian Penal Code and consequential criminal proceedings pending in the Court of learned Judicial Magistrate 1st Class, Court No. II, District Una, H.P. 2. Learned Counsel for the petitioner has submitted that the petitioner is 25 years old as of now and when the alleged incident took place, she was just 21& ½ years old and was not mentally so mature so as to understand as to what was good and bad for her. Learned counsel has further informed the Court that the petitioner after successfully completing her B.Sc. in Nursing is now employed in a private Nursing Institute. Learned Counsel has further submitted that the entire life of the petitioner is in front of her and in these circumstances, if this stigma of FIR, is removed by this Court by exercising the inherent powers so conferred under Section 482 of the Criminal Procedure Code, ends of justice would be met. 3. Learned Additional Advocate General has submitted that in view of the peculiar facts of the case, appropriate orders be passed by this Court. 4. In plethora of cases, Hon’ble Supreme Court has reiterated the broad principles qua exercise of inherent jurisdiction by the High Courts under Selection 482 of the Criminal Procedure Code and held that this provision preserves the inherent power of the High Court to prevent an abuse of the process of any Court or to secure the ends of justice. Hon’ble Supreme Court has held that while exercising its power under Selection 482 of the Criminal Procedure Code, the High Court must have due regard to the nature and gravity of the offence and heinous and serious offenses involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed despite the victim or the family of the victim have settled the dispute. Hon’ble Supreme Court has further held that as distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of civil dispute and such cases stand on a distinct footing in so far as the exercise of the inherent power to quash is concerned. Hon’ble Supreme Court has further held that as distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of civil dispute and such cases stand on a distinct footing in so far as the exercise of the inherent power to quash is concerned. Hon’ble Supreme Court has also laid down the principle that High Court may quash criminal proceedings if continuation of criminal proceedings would cause oppression and prejudice in the peculiar facts of the case. 5. Coming to the facts of the present case, the details of the FIR have already been mentioned hereinabove. The background, in which, the alleged offence was committed by the petitioner is borne out from the copy of final report filed by the Investigating Officer under Section 173 of the Criminal Procedure Code, which this Court purposely is not mentioning in this order. Suffice to say that besides the act of the petitioner being an immature act, it also probably was out of sheer frustration and grave impulse. However, this Court concurs with the submissions made by the learned counsel for the petitioner that now in the present scenario, where the petitioner is making an endeavour to settle in life, having had completed her Post Graduation in Nursing and now having obtained a job also, it would be in the interest of justice in case this Court exercises its inherent jurisdiction and quashes the FIR in issue in the larger interest of justice. 6. Accordingly, in view of above, this petition is allowed and FIR No. 56 of 2020, dated 15.06.2020, registered at Police Station Gagret, District Una, HP under Section 309 of the Indian Penal Code and consequential criminal proceedings pending in the Court of learned Judicial Magistrate 1st Class, Court No. II, District Una, H.P. are ordered to be quashed and set aside. The petition stands disposed of in above terms, so also pending miscellaneous application(s), if any.