Prakash Sawhney vs State of Haryana and another

Petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.371 dated

16.9.2016 under Sections 419, 420, 467, 471, 506 of the Indian Penal Code, 1860 (''IPC'' for short) registered at Police Station Dadri Sadar,

District Bhiwani (Annexure P1) and all consequential proceedings arising therefrom, on the basis of compromise dated 31.5.2017 (Annexure P2).

Vide order dated 10.11.2017, a direction was given to the trial Court to record the statements of the parties and submit a report regarding the

genuineness of the compromise effected between the parties and also to intimate whether any accused is proclaimed offender.

In pursuance thereof, the trial Court has submitted a report dated 8.12.2017 (forwarded by the District and Sessions Judge Bhiwani on

11.12.2017), after recording the statements of the parties. The trial Court has submitted that the complainant-Anoop and accused-Prakash

Sawhney have appeared along with their respective counsel, who had identified them and got their statements recorded acknowledging that the

compromise had been effected voluntarily, without any coercion or any undue influence. This fact is not disputed by learned State Counsel,who has

submitted, on instructions from Head Constable -Ajit Singh that petitioner is not the proclaimed offender.

Perusal of allegations in the FIR reveals that the present case squarely falls in the category of cases that can be quashed by the High Court, in

exercise of its inherent power under Section 482 of the Code. Keeping in view authoritative enunciation of law laid down by Hon''ble the Supreme

Court of India in ""Gian Singh vs State of Punjab and another"", 2012(4) R.C.R. (Criminal) 543 and in the light of facts and circumstances of the

present case, this Court is of the considered opinion that continuation of criminal proceedings would amount to abuse of process of law and it is

expedient in the interest of justice that criminal proceedings are put to an end.

As per the Full Bench judgement of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, High Court

has power under Section 482 Cr.P.C. to allow the compounding of non-compoundable offence and quash the prosecution where the High Court

felt that the same was required to prevent the abuse of the process of any Court or to otherwise secure the ends of justice. This power of quashing

is not confined to matrimonial disputes alone.

The Apex Court in Central Bureau of Investigation vs. Sadhu Ram Singla and others (2017) 5 Supreme Court Cases 350 has held as under:-

Having carefully considered the singular facts and circumstances of the present case, and also the law relating to the continuance of criminal cases

where the complainant and the accused had settled their differences and had arrived at an amicable arrangement, we see no reason to differ with

the view taken in Manoj Sharma''s case (supra) and several decisions of this Court delivered thereafter with respect to the doctrine of judicial

restraint. In concluding hereinabove, we are not unmindful of the view recorded in the decisions cited at the Bar that depending on the attendant

facts, continuance of the criminal proceedings, after a compromise has been arrived at between the complainant and the accused, would amount to

abuse of process of Court and an exercise in futility since the trial would be prolonged and ultimately, it may end in a decision which may be of no

consequence to any of the parties.

Since the parties have arrived at a compromise and have decided to live in peace, no useful purpose would be served in allowing the criminal

proceedings to continue.

Accordingly, this petition is allowed. FIR No.371 dated 16.9.2016 under Sections 419,420,467,471 and 506 IPC registered at Police Station

Dadri Sadar District Bhiwani (Annexure P1) and all the consequential proceedings, arising therefrom, are ordered to be quashed qua the

petitioners by way of compromise subject to the petitioners'' paying costs in the sum of Rs.10,000/- in the Office of District Legal Services

Authority, Bhiwani within 8 weeks from today, failing which this order shall stand recalled automatically without reference to the Court.