IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MMO No. 96 of 2018
.
Decided on : 26th October, 2018
_
Rajender Kumar ……Petitioner
Versus
State of H.P. and another …..Respondents
Coram:
The Hon’ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?__
For the petitioner : Ms. Kirti Sood, Advocate vice
r Mr. Keshwa Nand, Advocate
For the respondent No.1 : Mr. Shiv Pal Manhans
Additional Advocate General
with Mr.R.P. Singh and Mr.
R.R.Rahi, Deputy Advocates
General.
For respondent No. 2 : Ms. Parul Sauta, Advocate vice
Mr. Anil Kumar Manget,
Advocate.
Justice Vivek Singh Thakur, Judge (Oral)
This petition has been filed by petitioner-
accused for quashing FIR No. 22 of 2018 and pending
proceedings in criminal case under Section 376 of the
Indian Penal Code, registered with Police Station, Rajgarh,
District Sirmaur, H.P.
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2. It is stated in petition that petitioner has mutual
relations of love and affection with complainant/respondent
.
No. 2 Sushma Kumari since the last one year and they had
mutually promised to get marry in near future. However,
parents of petitioner and complainant were not aware about
their mutual relations of love and affection and being
ignorant of the said fact, parents of the petitioner had
arranged marriage of petitioner somewhere else in the
family of near relations and petitioner was telephonically
informed about the said arrangement, whereupon the said
fact was disclosed by the petitioner to complainant, which
had resulted altercation and misunderstanding between the
petitioner and complainant and they had become nervous.
Petitioner was in dilemma as he had to take the decision to
fulfill his own promise with complainant and to keep the
promise of family as per traditions and customs of society
and in the meantime, complainant under misunderstanding,
anguish, mental distress and in haste had registered an FIR
against the petitioner on 23.2.2018.
3. After knowing the entire episode, families of
respondent No. 2/complainant as well as of the petitioner
have amicably settled the issue with their free will and
consent without any force or coercion and in the interest of
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petitioner and complainant and that of family and society at
large and thereafter, petitioner and respondent No. 2 have
.
solemnized their marriage in ancient Shiv Mandir M.D.C.
Panchkula on 12.3.2018. Copy of certificate issued by
Purohit of temple has been placed on record as Annexure P-
3 and photographs of solemnization of marriage have also
been placed on record as Annexure P-4.
4.
It is further stated in petition that petitioner is a
member of Indian Armed Forces and is husband of
complainant/respondent No. 2 w.e.f. 12.3.2018 and he is
facing great hardship for no fault on his part. It is further
stated that respondent No.2/complainant in her statement
under Section 164 (5A) Cr.P.C. recorded on 26.2.2018 before
learned Judicial Magistrate 1st Class, Rajgarh has also stated
that FIR was registered under anger and mental stress and
as she was going to marry petitioner, she was not
interested to continue further legal proceedings against the
petitioner. It is further stated that FIR is outcome of
misunderstanding, anguish, mental distress, immature
relationship and haste and now respondent No.
2/complainant is staying at the home of petitioner with
peace and happiness w.e.f. 25.2.2018.
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5. In reply filed on behalf of respondent
No.2/complainant, she has admitted the aforesaid contents
.
of petition and she has also prayed for quashing of FIR, as
prayed in petition.
6. In reply filed on behalf of State, it is
categorically stated that during investigation, it has come
on record that petitioner and respondent No.2/complainant
have solemnized the marriage and respondent No. 2 has
refused to continue any action against the petitioner, which
has resulted into preparation of cancellation report in the
present case. It is further stated in reply that by lodging the
FIR, Investigating Agency has performed its duty as an
offence under Section 376 IPC is not a non-compoundable
offence and is not only an offence against the individual but
against the society. However, in the facts and
circumstances of the present case, after conducting
investigation in fair and proper manner, cancellation report
has been prepared.
7. Three Judges Bench of the Apex Court in Gian
Singh Vs. State of Punjab and Ors. reported in (2012) 10
SCC 303, explaining that High Court has inherent power
under Section 482 of the Code of Criminal Procedure with
no statutory limitation including Section 320 Cr.PC, has
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held that these powers are to be exercised to secure the
ends of justice or to prevent abuse of process of any Court
.
and these powers can be exercised to quash criminal
proceedings or complaint or FIR in appropriate cases where
offender and victim have settled their dispute and for that
purpose no definite category of offence can be prescribed.
However, it is also observed that Courts must have due
regard to nature and gravity of the crime and criminal
proceedings in heinous and serious offences or offence like
murder, rape and dacoity etc. should not be quashed
despite victim or victim family have settled the dispute with
offender. Jurisdiction vested in High Court under Section
482 Cr.PC is held to be exercisable for quashing criminal
proceedings in cases having overwhelming and
predominatingly civil flavour particularly offences arising
from commercial, financial, mercantile, civil partnership, or
such like transactions, or even offences arising out of
matrimony relating to dowry etc., family disputes or other
such disputes where wrong is basically private or personal
nature where parties mutually resolve their dispute
amicably. It was also held that no category or cases for this
purpose could be prescribed and each case has to be dealt
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with on its own merit but it is also clarified that this power
does not extend to crimes against society.
.
8. The Apex Court, in case Narinder Singh and Ors.
Vs. State of Punjab and Ors. (2014) 6 SCC 466, has sum
up and laid down principles, by which the High Court would
be guided in giving adequate treatment to the settlement
between the parties and exercise its power under Section
proceedings
settlement with direction
482 of the Code while accepting the settlement and
quashing the or
refusing to
continue
accept the
with criminal
proceedings.
9. No doubt Section 376 of IPC is not
compoundable under Section 320 Cr.P.C. However, as
explained by Hon’ble Supreme Court in Gian Singh’s and
Narinder Singh’s cases supra, power of High Court
under Section 482 CrPC is not inhibited by the provisions of
Section 320 CrPC and FIR as well as criminal proceedings
can be quashed by exercising inherent powers under
Section 482 CrPC, if warranted in given facts and
circumstances of the case for ends of justice or to prevent
abuse of the process of any Court, even in those cases
which are not compoundable where parties have settled the
matter between themselves.
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10. Offence in question does fall in the category of
offences prohibited for compounding in terms of the
.
pronouncements of the Apex Court by exercising power
under Section 482 of the CrPC. However, in peculiar facts
and circumstances of the case that complainant and
petitioner have married with each other and living as
husband and wife and in view of averments made in
petition, duly endorsed by respondent No.2/complainant in
her reply and also keeping in view the cancellation report
prepared by Investigating Agency, present petition deserves
to be allowed.
11. Keeping in view relation of petitioner and
respondent No. 2/complainant and considering facts and
circumstances of the case in entirety, I am of the opinion
that present petition deserves to be allowed for ends of
justice and the same is allowed accordingly and FIR No.22
of 2018 dated 23.2.2018 registered under Sections 376 IPC
at Police Station, Rajgarh, District Sirmaur, H.P. is quashed.
Petition stands disposed of in above terms.
(Vivek Singh Thakur)
Judge
October 26, 2018(ms)
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