Waseem Ahmad Gosani & Ors @APPELLANT@Hash State Through Sho Saddar

01/ In this petition, filed under section 561-A Cr.PC, the petitioners have craved the indulgence of this Court in quashing/setting aside the F.I.R bearing No.53/2011 dated 11-04-2011, registered by the petitioner No.11 against the petitioners 1 to 10 at Police Station, Saddar, Srinagar, for the commission of offences punishable u/s 147, 148, 34, 452, 427, 354 RPC & the proceedings emanating therefrom and pending before the Court of Special Mobile Magistrate, Passenger Tax & Electricity, Srinagar, in case titled State through Police Station Saddar versus Waseem Ahmad Gosani and another bearing File No. 93/M.

02/ Before adverting to the grounds, urged by the petitioners for seeking the aforesaid relief, the facts that lead to the registration of the FIR require to be assessed and evaluated. The FIR delineates that on 11-04-2011, a written complaint was filed by the petitioenr No. 11 against the petitioners 1 to 10, alleging therein that without any apparent reason, they (petitioners 1 to 10), with ulterior motive, trespassed into her residential tin shed with axes and lathies in their hands. The complaint culminated into filing of the F.I.R aforesaid.

03/ The respondent - State laid the final report before the Court of Special Mobile Magistrate, Passenger Tax and Electricity, Srinagar, against the petitioenrs 1 to 10. However, in terms of order dated 27-12-2013, the learned trial Court passed an order, discharging all the accused. Feeling aggrieved of the said order of the trial Court, the complainant - petitioner No. 11, filed a Criminal Revision before the Court of learned 3rd Addl. District Judge, Srinagar, seeking re-appreciation of the facts and the law. The learned Court of 3rd Addl. District Judge, Srinagar, by an order dated 22-04-2015, remanded the matter to the trial Court for reconsideration.

04/ It is apt to mention here that the parties, i.e, petitioners 1 to 10 & the complainant - petitioner No.11, have amicably settled their differences and the agreement attached to the petition as annexure (c) bears testimony to this fact. The relevant excerpts of the agreement are reproduced hereinbelow verbatim :

"............whereas the parties to this agreement are the brothers, sister and mother to each other, who are litigating various civil suit, criminal complaints/litigation inter se the parties, which with the intervention of respectable persons known to the families have been amicably withdrawn from various courts civil/criminal and has been agreed as under :

Whereas the parties to this agreement in future will not file any cases between each other pertaining to any property left behind by the late Ghulam Mohammad Gosani and late Abdul Gaffar Gosani, as all the property disputes have been resolved amicably between the parties which shall be binding on their legal heirs also.

Whereas the party No. 1st shall not claim any property moveable or immoveable either self acquired or left behind by late Ghulam Mohammad Gosani and late Abdul Gaffar Gosani."

05/ It is also stated that on the face of the compromise reached between the parties, the continuation of the proceedings before the Court of law would tantamount to abuse of the process of law. Therefore, in order to avoid multiplicity of litigations and save the precious time of the Courts of law, the petitioners have sought quashment of the F.I.R bearing No.53/2011 dated 11-04-2011, registered by petitioner No.11 against the petitioners 1 to 10 at Police Station, Saddar, Srinagar, for the offences punishable u/s 147, 148, 34, 452, 427, 354 RPC as also the proceedings pending before the Court of Special Mobile Magistrate, Passenger Tax & Electricity, Srinagar, in case titled State through Police Station Saddar versus Waseem Gosani and another bearing File No. 93/M.

06/ Heard & considered.

07/ The moot question for determination here, in this petition, is about the ambit and scope of the inherent power of the High Court u/s 561-A of Cr.PC corresponding to section 482 of the Central Code of Criminal Procedure, read with articles 226 & 227 of the Constitution of India to quash the criminal proceedings. The scales of power u/s 482 Cr.PC have been examined by the apex Court of the country in a catenae of judgements. In the case of Yogendra Yadav & others versus State of Jharkhand and another, bearing Criminal Appeal No. 1205 of 2014, decided on July 21st, 2014, the apex Court, after taking a cue from Gian Singh versus State of Punjab, reported in (2012) 10 SCC 303, held as under :

"............6/ Learned counsel for the parties have requested this Court that the impugned order be set aside as the High Court has not noticed the correct position in law in regard to quashing of criminal proceedings when there is a compromise. Affidavit has been filed in this Court by complainant-Anil Mandal, who is respondent No.2 herein. In the affidavit he has stated that a compromise petition has been filed in the lower court. It is further stated that he and the appellants are neighbors, that there is harmonious relationship between the two sides and that they are living peacefully. He has further stated that he does not want to contest the present appeal and he has no grievance against the appellants. Learned counsel for the parities have confirmed that the dispute between the parties are settled ; that parties are abiding by the compromise deed and living peacefully. They have urged that in the circumstances pending proceedings be quashed. State of Jharkhand has further filed an affidavit opposing the compromise. The affidavit does not persuade us to reject the prayer made by the appellant and the second respondent for quashing of the proceedings.

7/ In view of the compromise and in view of the legal position which we have discussed hereinabove, we set aside the impugned order dated 04-07-2012 and quash the proceedings in S.C.No. 9/05 pending on the file of 2nd Additional Sessions Judge, Godda. The appeal is disposed of."

08/ Applying the ratio of the law laid down above to the instant case, it was a civil dispute between the parties that forced and coerced them to file the criminal and civil cases against each other. In the agreement which has been registered by the Court of Sub Registrar, Srinagar, it has been specifically stated that the parties have amicably put an end to all the disputes and they will live a happy and healthy life together in future without any animosity or rivalry.

09/ In view of the preceding analysis and regard being had to the ratio of the law laid down above, the F.I.R bearing No.53/2011 dated 11-04-2011, registered by the petitioner No.11 against the petitioners 1 to 10 at Police Station, Saddar, Srinagar, for the offences punishable u/s 147, 148, 34, 452, 427, 354 RPC & the proceedings pending before the Court of Special Mobile Magistrate, Passenger Tax & Electricity, Srinagar, in case titled State through Police Station Saddar versus Waseem Ahmad Gosani and another bearing File No. 93/M are quashed.

09/ Writ petition is, accordingly, disposed of along with connected IAs.