Anil vs State of Haryana and Others

Jaswant Singh, J.—Present petition u/s 482 Code of Criminal Procedure is for quashing of FIR No. 205 dated 20.4.2010 Under Sections 309/195/194/452 IPC, P.S City Bhiwani and the subsequent proceedings on the basis of compromise arrived at between the parties.

As per allegations in the FIR, Petitioner along with his parents used to harass his wife-Respondent No. 3 on the pretext of bringing less dowry. It is alleged that on 18.4.2010, they also kidnapped Respondent No. 3-Ritu and gave her beatings while confining her. It is further alleged that on 20.4.2010 at about 5 a.m, Petitioner while entering the house took the complainant/Respondent No. 2-father of wife-Respondent No. 3 inside and after locking the door from inside, he tried to commit suicide by pouring petrol on himself as well as Respondent No. 2.

Vide order dated 29.10.2010, this Court directed the learned trial Court to send report with regard to compromise in pursuance of which, a report/letter dated 30.11.2010 has been received from the learned CJM, Bhiwani, which is taken on record as Mark-A. It is stated in the report that the complainant has arrived at a compromise with the accused-Petitioner and he has no objection if the aforesaid FIR is quashed on the basis of compromise.

Learned state counsel states that he is unable to raise any serious objection to the quashing of the FIR on the basis of the compromise since the complainant is not willing to support the prosecution case.

Learned Counsel for the complainant submits that the complainant is standing by the terms and conditions of the compromise, however, he points out that on a joint petition u/s 13B of the Hindu Marriage Act for grant of decree of divorce by mutual consent, statements of second motion have to be recorded after 24.5.2011. He, therefore, prays that quashing of the present FIR be made with the liberty to the complainant to seek the revival of the present petition, in case, the Petitioner-husband does not perform his part of compromise in the aforesaid pending petition.

Hon''ble Supreme Court in B.S. Joshi and Others Vs. State of Haryana and Another, has made it explicitly clear in para 15 of its judgment that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 of the Code does not limit or effect the powers u/s 482 of the Code.

A Full Bench of this Court in Kulwinder Singh and Ors. v. State of Punjab and Anr. 2007(3) RCR 1052 has held that this Court, in appropriate cases, while exercising powers u/s 482 Code of Criminal Procedure, may quash an FIR disclosing the commission of non compoundable offences. The relevant extracts read as under:

The only inevitable conclusion from the above discussion is that there is no statutory bar under the Code of Criminal Procedure, which can affect the inherent power of this Court u/s 482. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in non-compoundable offences notwithstanding the bar u/s 320 of the Code of Criminal Procedure, in order to prevent the abuse of law and to secure the ends of justice.

Hon''ble Apex Court in another case in Nikhil Merchant Vs. Central Bureau of Investigation and Another, while relying upon its decision in B.S. Joshi''s case(supra) has also held that in view of the compromise arrived at between the parties, the technicalities should not be allowed to stand in the way in the quashing of criminal proceedings and the continuance of the same after compromise between the parties would be a futile exercise.

Similar views were expressed by Hon''ble the Apex Court in Madan Mohan Abbot Vs. State of Punjab, , the relevant extract of which is as under:

We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.

10 . Keeping in view the above settled legal position and taking into account the fact that both the parties have desired to live in peace and harmony and carry on with their lives without any ill will or rancour by resolving their differences and entering into the aforesaid compromise, it is evident that it is a fit case where there is no impediment in the way of the Court to exercise its inherent powers u/s 482 Code of Criminal Procedure, for quashing of the FIR in the interest of justice.

Accordingly, the present petition is allowed and FIR No. 205 dated 20.4.2010 Under Sections 309/195/194/452 IPC, P.S City Bhiwani and all subsequent proceedings arising therefrom, are quashed subject to the condition that in case the Petitioner-husband fails to get his statement recorded in the petition filed u/s 13B of the Hindu Marriage Act, complainant shall be at liberty to seek revival of the present petition.