Lakhminder (Minor) vs State Of Uttarakhand & Another

Ravindra Maithani, J

Present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code) has been filed by the petitioners to quash the charge sheet dated 15.02.2019 and impugned summoning order dated 21.02.2019 passed by the Court of Juvenile Justice Board, Haridwar as well as the entire proceedings of Criminal Case No. 28 of 2019, State Vs. Lakhminder, under Section 354, 506 I.P.C. & Section 7/8 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the Act"), Police Station Khanpur, District Haridwar pending in the court of Juvenile Justice Board, Haridwar, on the basis of amicable settlement between the parties

A compounding application has also been filed by the father of the petitioner and respondent no.2. The compounding application is supported by the affidavits of the father of the petitioner Jaiveer as well as the respondent no.2 Jitender Kumar. Petitioner is present in person before this Court duly identified by his counsel Mr. S.K. Shandilya. Respondent no.2 is also present in person before this Court duly identified by her counsel Mr. Sachin Kumar Sharma.

Learned counsel for the petitioner and respondent no.2, would submit that the parties have amicably settled the dispute. In the case, FIR under Section 354, 506 I.P.C. and Section 7 & 8 of the Act, was lodged on 22.12.2018 by the respondent no.2. According to it, the petitioner did "Badtamiji" with the daughter of the first informant and abused her. After investigation, charge sheet has been submitted.

Heard learned counsel for the parties and perused the record.

Learned counsel for the petitioner and respondent no.2 both would argue that they have settled the dispute amicably, the continuance of criminal proceedings would yield no result and they need to be quashed. In the case of Gian Singh Vs. State of Punjab and Another, (2012) 10 SCC 303, the Hon'ble Supreme Court, interalia, held as under:

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......................."

As stated, the parties have amicably settled their dispute. In fact, if the trial proceeds now, the possibility of conviction is remote and bleak. It would not secure the ends of justice. In fact, interest of justice demands that the criminal case is put to an end. Therefore, this Court is of the view that since parties have amicably settled the dispute, the criminal proceedings deserve to be quashed and the petition deserves to be allowed.

Accordingly, the instant petition is allowed. The entire proceedings of Criminal Case No. 28 of 2019, State Vs. Lakhminder, under Section 354, 506 I.P.C. & Section 7/8 of the Act, Police Station Khanpur, District Haridwar pending in the court of Juvenile Justice Board, Haridwar, are hereby quashed.

Compounding Application being CRMA No.1147 of 2019 stands disposed of accordingly.