Jagat Ram @ Jagta vs State Of H.P. & Another

Satyen Vaidya, J

By way of instant petition, petitioner has prayed for quashing of FIR No. 157 of 2016 dated 27.8.2016 under Sections 451, 323, 324, 504, 506 and 34 of IPC, registered at Police Station Nalagarh, District Solan, H.P. and criminal proceedings arising therefrom on the ground that the matter has been compromised between the parties.

It is averred in the petition that the matter has been settled between the parties with the intervention of respectable persons of the society. Petitioner and respondent No.2 belong to same village. In order to maintain good, cordial and peaceful relations, the matter has been settled by an amicable resolution.

Petitioner and respondent No.2 are present in Court today. Their separate statements have been recorded.

Respondent No.2 has stated that the petitioner belongs to her village. After the incident which was reported to the police, petitioner felt ashamed and had shown due remorse. Keeping in view the subsequent conduct of the petitioner, respondent No.2 decided to settle the matter amicably. The elders and respectable persons of the village also intervened. Even the Panchayat of the area was taken into confidence and an agreement was arrived at. The terms of which were recorded in Annexure P-2. She further stated that in view of the compromise, she is not now interested to prosecute the petitioner further and had no objection in case FIR No. 157 of 2016 dated 27.8.2016 under Sections 451, 323, 324, 504, 506 and 34 of IPC, registered at Police Station Nalagarh, District Solan, H.P. are quashed.

This Court in exercise of jurisdiction under Section 482 Cr.P.C. can quash the criminal proceedings in the interest of justice or to prevent abuse of process of law, even in case where non compoundable offences are involved. Thus, the parameter to be assessed is the ends of justice or prevention of abuse of process of law.

The offence involved in the case in hand is more or less private in nature between the parties. By allowing the parties to settle such like disputes amicably, no harm is likely to be caused to the society at large. The purpose shown by petitioner and respondent No.2 for arriving at an amicable resolution is their intent to live peacefully in life in future and to maintain cordial relation as they belong to the same village. In my considered view, the approach adopted by the parties hereto shall further help the cause of civilized society, which longs for peaceful life for all its subjects. I have not found any legal impediment in granting the prayer made in the petition. Noticeably, the petitioner has shown due remorse and has felt ashamed of his conduct. He has undertaken not to repeat it in future.

Accordingly, keeping in view the facts and circumstances of the case, the petition is allowed and FIR No. 157 of 2016 dated 27.8.2016 under Sections 451, 323, 324, 504, 506 and 34 of IPC, registered at Police Station Nalagarh, District Solan, H.P. and subsequent proceedings arising out of the said FIR are ordered to be quashed. The petition stands disposed of. Pending applications, if any, also stand disposed of.