S.B.CRIMINAL MISC.
PETITION NO.1256/2015 Hanif Khan V/S State of Rajasthan & Anr.
1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER
S.B.CRIMINAL MISC.
PETITION NO.1256/2015 Hanif Khan V/S State of Rajasthan & Anr.
Date of Order : 12.05.2015 PRESENT HON’BLE MR.JUSTICE VIJAY BISHNOI Mr Mahipal Bishnoi, for petitioner.
Mr Vikram Rajpurohit, Public Prosecutor.
Mr G.S.Bhati, for respondent No.2.
BY THE COURT :- This Criminal Misc.
Petition under Section 482 Cr.P.C.has been filed by the petitioner with a prayer for quashing the FIR No.411/2014 of Police Station, Kotwali, District Jaisalmer for the offences punishable under Sections 420, 467, 468, 471 and 120-B IPC qua the petitioner on the basis of compromise arrived at between the parties.
Learned counsel for the petitioner has submitted that in the instant case the respondent No.2 has filed a complaint in the Court of Chief Judicial Magistrate, Jaisalmer under Section 156(3) Cr.P.C.and the same was forwarded to the concerned police station.
The S.B.CRIMINAL MISC.
PETITION NO.1256/2015 Hanif Khan V/S State of Rajasthan & Anr.
2 Police Station, Kotwali, District Jaisalmer has registered the impugned FIR against the petitioner and other persons for the aforesaid offences.
It is further contended by learned counsel for the petitioner that the respondent No.2 and the petitioner have compromised the matter and resolved the dispute between them amicably.
Learned counsel for the petitioner has argued that since the dispute has already been amicably settled between the parties, the impugned FIR against the petitioner may kindly be quashed.
Learned counsel for the respondent No.2 has conceded that the dispute between the respondent No.2 and petitioner has already been settled amicably and the respondent No.2 does not want to press the allegation levelled in the impugned FIR against the petitioner.
Heard learned counsel for the parties and perused the material available on record.
It is not in dispute that the dispute between the parties has already been settled.
Today also, learned counsel for the respondent S.B.CRIMINAL MISC.
PETITION NO.1256/2015 Hanif Khan V/S State of Rajasthan & Anr.
3 No.2 has categorically submitted that the respondent No.2 does not want to continue the proceedings against the petitioner as the dispute has already been resolved between the parties.
The Hon'ble Apex Court while answering a reference in the case of Gian Singh versus State of Punjab & Anr.
reported in JT20129) SC–426, has held as below:- “57.
The position that emerges from the above discussion can be summarised thus: 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 of the Code.
Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court.
In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case S.B.CRIMINAL MISC.
PETITION NO.1256/2015 Hanif Khan V/S State of Rajasthan & Anr.
4 and no category can be prescribed.
However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime.
Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc.cannot be fittingly quashed even though the victim or victim’s family and the offender have settled the dispute.
Such offences are not private in nature and have serious impact on society.
Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc.cannot provide for any basis for quashing criminal proceedings involving such offences.
But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc.or the family disputes where the wrong is basically private or personal in nature and the parties have resolved S.B.CRIMINAL MISC.
PETITION NO.1256/2015 Hanif Khan V/S State of Rajasthan & Anr.
5 their entire dispute.
In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim.
In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.”
.
Having considered the facts and circumstances of the case and looking to the fact that the dispute between the parties has already been settled and the respondent No.2 S.B.CRIMINAL MISC.
PETITION NO.1256/2015 Hanif Khan V/S State of Rajasthan & Anr.
6 does not want to press the allegations levelled in the impugned FIR against the petitioner, it is a fit case wherein the impugned FIR against the petitioner can be quashed while exercising powers under Section 482 Cr.P.C.In view of the law laid down by the Hon'ble Supreme Court in Gian Singh's case (supra) and in the facts and circumstances as noted above this Criminal Misc.
Petition is allowed and the FIR No.411/2014 of Police Station, Kotwali, District Jaisalmer for the offences punishable under Sections 420, 467, 468, 471 and 120-B IPC is hereby quashed qua the petitioner.
Stay petition is disposed of.
[VIJAY BISHNOI].,J.
Abhishek 113