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Judgment
This criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioners with the prayer for quashing the criminal proceedings pending against them before the Judicial Magistrate, Pipar City, Distt. Jodhpur (hereinafter referred to as 'the trial court') in Criminal Regular Case
No.705/2001 wherein the trial court vide order dated 27.11.2017 has attested the compromise for the offences punishable under Sections 419 and 420
IPC but refused to attest the compromise for the offences punishable under Sections 467, 468, 471 and 120-B IPC as the same are not
compoundable.
Brief facts of the case are that the respondent No.2 has submitted a complaint before the Judicial Magistrate, Pipar City, Distt. Jodhpur alleging therein that uncle of the complainant Aadu Ram is having khatedari agricultural land in village Asop in Khasra No.778 measuring 25 bighas 7 biswas .
On 21.1.1983 Aadu Ram expired and the aunt of the complainant Jorudi wife of Aadu Ram went in nata of accused Pura Ram and on the land of said
Khasra the complainant is having peaceful possession because Aadu Ram has no issue and considering the complainant as his son due to said reason the complainant is having cultivatory possession on the land of Khasra No.778. It is alleged in the complaint that accused Pura Ram in order to grab the land of cultivatory possession of the complainant showing himself Aadu Ram has sold the land measuring 13 bighas to Babu Lal.
After investigation, the police filed charge sheet against the petitioners for offences under Sections 419, 420, 467, 468, 471 and 120-B IPC in the Court of Judicial Magistrate, Pipar City, Distt. Jodhpur wherein the trial is pending against them.
During the pendency of the trial, an application was preferred on behalf of the petitioners as well as the respondent No.2 while stating that both the parties have entered into compromise and, therefore, the proceedings pending against the petitioners may be terminated.
The learned trial court vide order dated 27.11.2017 allowed the parties to compound the offences under Sections 419 and 420 IPC, however,
rejected the application so far as it relates to compounding the offences under Sections 467, 468, 471 and 120B IPC.
The present criminal misc. petition has been preferred by the petitioners for quashing the said proceedings against them.
The learned counsel for the petitioners has argued that as the complainant-respondent No.2 and the petitioners have already entered into compromise and on the basis of it, the petitioners have been acquitted for the offences punishable under Sections 419 and 420 IPC, there is no possibility of conviction of the petitioners for the offences punishable under Sections 467, 468, 471 and 120-B IPC. It is also argued that no useful purpose would be served by continuing the trial against the petitioners for the offences punishable under Sections 467, 468, 471 and 120-B IPC because the same may derail the compromise arrived at between the parties.
The learned counsel for the respondent No.2 has admitted that the parties have already entered into compromise and the respondent No.2 does not want to press the charges levelled against the petitioners in relation to offences punishable under Sections 467, 468, 471 and 120-B IPC.
The Hon'ble Apex Court while answering a reference in the case of Gian Singh Vs. State of Punjab & Anr. reported in JT 2012(9) SC — 426 has
held as below:-
“57. 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. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be
fittingly quashed even though the victim or victim’s family and the offender have settled the dispute. Such offences are not private in nature and
have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like
Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal
proceeding.”
Having considered the facts and circumstances of the case and looking to the fact that the petitioners and respondent no.2 have already entered into
compromise, there is no possibility of petitioners being convicted in the case pending against them.
Keeping in view the observations made by the Hon'ble Supreme Court in Gian Singh's case (supra), this Court is of the opinion that it is a fit case,
wherein the criminal proceedings pending against the petitioners can be quashed while exercising powers under Section 482 Cr.P.C.
Accordingly, this criminal misc. petition is allowed and the criminal proceedings pending against the petitioners before the Judicial Magistrate, Pipar
City, Distt. Jodhpur in Criminal Regular Case No.705/2001 for the offences under Sections 467, 468, 471 and 120-B IPC are hereby quashed.