Shekh Rafiq vs Mohammad Shafi Kurrani

Heard on I.A. no.5932/2020, which is an application for hearing through video conferencing, I.A. no. 5916/2020, which is an application for condonation of delay of 115 days in filing the present revison and I.A. no. 5917/2020, which is an application for overlooking the defects.

On due consideration, the aforementioned applications are allowed and disposed of.

Heard learned Counsel for the parties.

Present revision has been filed by the petitioner being aggrieved by the order dated 21/08/2019 passed by learned Additional Sessions Judge, Tarana, District - Ujjain in CRA no. 306/2018, wherein the order dated 06/08/2018 passed by JMFC, Tarana, District - Ujjain in Criminal Case no. 761/2011 has been upheld, whereby the petitioner had been convicted under section 138 of the Negotiable Instruments Act and sentenced to undergo one year RI and compensation under section 357 of Cr.P.C @ 9% p.a. on the cheque amount from the date of order and simple imprisonment of one month Simple Imprisonment and also a costs of litigation of Rs. 1000/- to be deposited by the accused / petitioner and also directed simple imprisonment for 15 days in default of payment of the said costs.

Learned Counsel for the parties submit that the parties have entered into the compromise and the applicant has paid the amount to the complainant according to the compromise between them, therefore, the FIR/complaint which is registered against the applicant be quashed and the impugned order be set aside.

In view of the aforesaid submission made by the learned Counsel for the parties, the matter was sent to the Principal Registrar for verifying the fact regarding the compromise. The Principal Registrar has sent the report on 21/09/2020 and stated that the parties have voluntarily entered into the compromise by their mutual consent and resolved their dispute.

This Court in the case of M.Cr.C. No.3093/2017 relying on the judgment passed by the Apex Court has stated that if the parties have entered into compromise and the fact of the compromise has been verified by the Principal Registrar on the basis of said compromise, this Court has quashed the FIR.

Thus, in the present case also, the factum of compromise has been verified by the Principal Registrar and the Apex Court in the case of Gian Singh vs. State of Punjab and another reported in (2012) 10 SCC 303 has held as under:-

"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 Cr.P.C. cases where power to quash criminal proceedings may be exercised where the parties have settled their dispute, held, depends on facts and circumstances of each case. Before exercise of inherent quashment power under Section 482, High Court must have due regard to nature and gravity of the crime and its societal impact. Offences arising from commercial, financial, mercantile, civil, partnership or like transactions or offences arising out of matrimony relating to dowry etc. or family disputes where the wrong is basically private or personal in nature and parties have resolved their entire dispute, High Court may quash criminal proceedings."

Thus, in view of the judgment passed by the Apex Court, the FIR/ complaint registered under section 138 of the Negotiable Instruments Act against the applicant and other criminal proceedings are quashed and the impugned order is hereby set aside.

C c as per rules.