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Sushil Kukreja, J
1. The accused persons (petitioners herein), after compromising the matter with complainant/respondent No.2, have come up before this Court under
Section 482 Cr.P.C., by invoking inherent powers of this Court, seeking quashing of FIR No. 81 of 2023, dated 21.05.2023, under Sections 376 and
506 of the Indian Penal Code, registered at Police Station Majra, District Sirmaur, H.P.
2. The present FIR was lodged by Complainant-respondent No. 2 (name withheld), who is duly represented and identified by Mr. Jeet Singh,
Advocate.
3. Today, complainant/respondent No.2 as well as petitioner No. 3-accused are present in person before this Court and the statements of
complainant/respondent No. 2 and petitioner No. 3 have been separately recorded and placed on the file.
4. In her statement, complainant/respondent No.2 stated that on her complaint FIR No. 81 of 2023, dated 21. 05.2023, under Sections 376 and 506
IPC, was registered against the petitioners at Police Station Majra, District Sirmaur, H.P.. She has further stated that now, she has solemnized
marriage with petitioner No. 3 on 22.05.2023, vide Nikaahnama, Annexure P-3, and they are living peacefully and happily under one roof. She has
further stated that in view of the compromise, Annexure P-4, she has no objection if FIR No. 81 of 2023, dated 21.05.2023, under Sections 376 and
506 of the Indian Penal Code, registered at Police Station Majra, District Sirmaur, H.P., and the consequent criminal proceedings arising out of the
said FIR, are quashed and set-aside.
5. Petitioner No. 3, in his statement, stated that on the basis of the complaint of respondent No. 2 (complainant), FIR No. 81 of 2023, dated
21.05.2023, under Sections 376 and 506 of the Indian Penal Code, was registered against him and petitioners No. 2 and 3 at Police Station Majra,
District Sirmaur, H.P.. He has further stated that now he has solemnized marriage with respondent No. 2 on 22.05.2023, vide Nikaahnama, Annexure
P-3, and they are living peacefully and happily under one roof. He has also stated that in view of compromise, Annexure P-4, FIR No. 81 of 2023,
dated 21.05.2023, under Sections 376 and 506 of the Indian Penal Code, registered at Police Station Majra, District Sirmaur, H.P., and the consequent
criminal proceedings arising out of the said FIR may be quashed and set-aside.
6. I have heard learned counsel for the petitioners, learned Additional Advocate General for respondent No.1/ State as well as the learned counsel for
respondent No.2 and also gone through the material available on record.
7. In Gian Singh Vs. State of Punjab and others, 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, the Hon’ble Apex Court has 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 offences like murder, rape and dacoity etc. should not be quashed despite victim or victim’s 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 predominately 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 with on its own merit but it is also clarified that this power does not extend to crimes against
society.
8. Further, the Apex Court in Parbatbhai Aahir alias Parbhathbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and another, (2017) 9 SCC
641, summarizing the broad principles regarding inherent powers of the High Court under Section 482 Cr.PC. has recognized that these powers are
not inhibited by provisions of Section 320 Cr.PC.
9. In case Narinder Singh and others vs. State of Punjab and others, reported in (2014) 6 SCC 466 and also in State of Madhya Pradesh vs. Laxmi
Narayan and others, (2019) 5 SCC 688, the Hon’ble Supreme Court has summed 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 482 of the Code while accepting the
settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with criminal proceedings.
10. In Madan Mohan Abbot vs. State of Punjab, (2008) 4 SCC 582, the Hon’ble Supreme Court emphasized and advised that in the matter of
compromise in criminal proceedings, keeping in view the nature of the case, to save the time of the Court for utilizing to decide more effective and
meaningful litigation, a common sense approach, based on ground of realities and bereft of the technicalities of law, should be applied.
11. In the instant case, the matter has been amicably settled between the parties. Respondent No. 2 (complainant) has solemnized marriage with
petitioner No. 3 and both of them are living peacefully and happily under one roof. Therefore, I am of the considered view that no fruitful purpose will
be served to continue the proceedings against petitioners/accused, as continuation of the proceedings will be an exercise in futility. The justice in the
case demands that the dispute between the parties is put to an end and peace is restored in order to maintain harmonious relations/ atmosphere
between them.
12. Hence, considering the facts and the circumstances of the case in entirety, I am of the opinion that the present petition deserves to be allowed for
securing the ends of justice and, therefore, the same is allowed. Accordingly, FIR No. 81 of 2023, dated 21.05.2023, under Sections 376 and 506 of
the Indian Penal Code, registered at Police Station Majra, District Sirmaur, H.P., and the consequent proceedings arising out of the said FIR, are
ordered to be quashed and set-aside.
13. Petition stands disposed of in above terms, so also the pending application(s), if any.
