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Judgment
Virender Singh, J
Petitioners-Sachin Bihan and Raj Kumar have filed the present petition, under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’), for quashing FIR No. 45 of 2023, dated 24th March, 2023, registered under Sections 354-A, 509 and 34 of the Indian Penal Code (hereinafter referred to as the ‘IPC’), with Police Station Amb, District Una, H.P., alongwith the consequential proceedings, on the basis of the compromise between the parties.
According to the petitioners, respondent No. 2 (complainant) had lodged the said FIR against them, on account of some misunderstanding. After the registration of the FIR, the criminal machinery swung into motion. Thereafter, in order to live in peace and harmony, the parties to the FIR, i.e. petitioners and respondent No. 2, have entered into compromise and all the misunderstandings between them have been sorted out. The terms and conditions of the compromise have been reduced into writing on 26th April, 2023, which have been annexed with the petition, as Annexure P-2.
The compromise is stated to have been effected on the ground that the petitioners and respondent No. 2 are working in the same office and known to each other and no useful purpose would be served by keeping the criminal proceedings alive.
On the basis of the above facts, a prayer has been made to allow the petition.
When put to notice, respondent No. 1-State has not filed the reply, but, the learned Additional Advocate General, appearing for respondent No. 1-State, has opposed the prayer, on the ground that the crime committed by the petitioners is not against an individual, but, against the society at large.
Today, the petitioners, as well as, respondent No. 2 have appeared in the Court.
Respondent No. 2 (complainant) has deposed, on oath, in unequivocal terms, that the FIR in question was lodged on account of some misunderstanding, which has now been cleared and the parties have entered into a compromise. The compromise is stated to have entered into, between the petitioners and respondent No. 2, in order to save their future and cordial relations.
Respondent No. 2 (complainant) has categorically stated that she has no objection, in case, the FIR, as well as, the resultant proceedings, are quashed, as, according to her, she is no longer interested to pursue the matter.
Similar type of statement has been made by the petitioners.
In view of the above, this Court is of the view that when, the complainant has compromised the matter with the petitioners, then, permitting the proceedings, to continue is nothing, but, an abuse of the process of law. No useful purpose would be served by keeping those proceedings alive, as, the star witness of the prosecution, in this case, will be the complainant (respondent No. 2), who, on oath, has stated that the FIR in question has been lodged by her on account of some misunderstanding.
When, the compromise has been effected between the parties, in order to maintain their cordial relations, then, the Court should also honour the said compromise, as, the chances of the conviction of the petitioners, in such type of cases, when the complainant, herself, has stated that the FIR has been lodged by her on account of some misunderstanding, are not so bright. As such, no useful purpose would be served by keeping the criminal proceedings alive.
Moreover, accepting the compromise and quashing the FIR in question, as well as, the proceedings resultant thereto, will also save the precious judicial time of the Court, in which, the report, under Section 173 (2) CrPC, will be filed, as, the said time could be devoted by the said Court, for deciding some other serious issues.
Considering all these facts, the petition is allowed and FIR No. 45 of 2023, dated 24 th March, 2023, registered under Sections 354-A, 509 and 34 of the IPC, with Police Station Amb, District Una, H.P., as well as, the proceedings resultant thereto, are ordered to be quashed.
The statements of the parties, made today, in the Court, as well as, Compromise Deed (Annexure P-2) shall form part of the judgment.
Pending miscellaneous applications, if any, shall also stand disposed of accordingly.