Rahul Goyal And Others vs State Of Haryana And Another

Ashok Kumar Verma, J

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.15 dated 10.01.2020 registered under Sections 420, 467, 468 and 471 of the Indian Penal Code, 1860 at Police Station Hisar City, District Hisar (ANNEXURE P-1) and all consequential proceedings arising therefrom on the basis of compromise (ANNEXURE P-2) effected between the private parties.

Pursuant to order dated 19.04.2022 passed by the Coordinate Bench of this Court, the private parties appeared before learned Chief Judicial Magistrate, Hisar to get their statements recorded. Learned Chief Judicial Magistrate, Hisar submitted her report along with copies of statements of the parties vide letter No.587 dated 06.05.2022 through learned District and Sessions Judge, Hisar which is taken on record.

Status report by way of an affidavit dated 20.07.2022 of Sh. Ashok Kumar, HPS, Deputy Superintendent of Police, Headquarter, Hisar, on behalf of respondent No.1, has been filed in the Registry which is also taken on record.

I have heard learned Counsel for the petitioner, learned State Counsel and learned counsel for respondent No.2 and gone through the relevant record.

It is now well settled that the High Court has inherent power to quash the criminal proceedings in non-compoundable cases on the basis of settlement between the parties for securing the ends of justice or to prevent abuse of the process where the possibility of conviction is remote and bleak and continuation of the criminal case would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case. Criminal cases having overwhelmingly and predominantly civil character particularly those arising out of commercial transaction or arising out of matrimonial relationship or family dispute can be quashed when the parties have resolved their entire dispute among themselves. However, such power cannot be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape dacoity, etc. which are not private in nature and have a serious impact on society. Similarly, prosecution for offences alleged to have been committed under special enactments like the Prevention of Corruption Act or the offences committed by public servant while working in that capacity cannot be quashed on the basis of compromise between the victim and the offender. For judicial precedents in this regard, reference may be made to Gian Singh Vs. State of Punjab and another : 2012(4) RCR Criminal) 543, Narinder Singh Vs. State of Punjab (Supreme Court) : 2014 (2) RCR (Criminal) 482, State of Madhya Pradesh Vs. Laxmi Narayan and others (Supreme Court) : 2019 (2) RCR (Criminal) 255 and Kulwinder Singh and others Vs. State of Punjab and others (Punjab and Haryana High Court) : 2007 (3) RCR (Criminal) 1052.

According to the report, learned Chief Judicial Magistrate, Hisar is satisfied that compromise effected between the parties is genuine, outcome of free consent of the parties and is without coercion from any quarter.

Considering the report dated 06.05.2022 of learned Chief Judicial Magistrate, Hisar and the fact that the compromise will bring peace and harmony between the parties, aforesaid FIR No.15 dated 10.01.2020 (ANNEXURE P-1) and all subsequent proceedings arising therefrom, are quashed, qua the petitioner only.

Disposed of, accordingly.