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Compromise Deed- No further Proceedings to be Conducted: High Court of Shimla

If the parties had compromised the matter vide Compromise Deed, then no purpose would be served by keeping the proceedings alive. This remarkable judgement was passed by High Court of Shimla in the case of Rohit Kumar & anr. v. State of H.P. and anr. [Cr. MMO No. 143 of 2021] by The Hon’ble Mr. Justice Chander Bhusan Barowalia.

The petition, under Section 482 of the Code of Criminal Procedure had been maintained by the petitioners for quashing of F.I.R No. 360, dated 26.09.2020, under Sections 324, 323, 504 and 34 of the Indian Penal registered at Police Station Sadar-Una, District Una, H.P., the complainant, wherein that the accused persons are his brothers and he was living separately from them, but on one pretext or the other his brothers keep harassing his family, they made allegations against his wife that she took their 700/- Rupees. The petitioners also abused his wife and when he reached at the spot and asked what is going on, the petitioners attacked him with “Darat”, owing to which, he sustained injuries. However, now the parties had compromised the matter and in order to maintain their relations cordial, they do not want to pursue the case against each other. The petitioners had argued that as the parties had compromised the matter vide Compromise Deed, no purpose would be served by keeping the proceedings alive, hence, the FIR, along with consequent proceedings, may be quashed and set aside.

The council referred the case of B.S. Joshi and others vs. State of Haryana and another, held that if for the purpose of securing the ends of justice, quashing of FIR becomes necessary, section 320 would not be a bar to the exercise of power of quashing. In Preeti Gupta and another vs. State of Jharkhand and another, held that the ultimate object of justice is to find out the truth and punish the guilty and protect the innocent. In Jitendra Raghuvanshi and others vs. Babita Raghuvanshi and another, and in Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and others vs. State of Gujarat and another have held that criminal proceedings or FIR or complaint can be quashed under section 482 Cr.P.C.

The court opinioned that, ‘the fact that the parties have arrived at compromise vide Compromise Deed and do not want to proceed further with the case in order to maintain their relations cordial, I find that the interest of justice would be met, in case, the proceedings are quashed.

The petition was disposed of looking into all attending facts and circumstances, this Court finds that, ‘present is a fit case to exercise jurisdiction vested in this Court, under Section 482 of the Code and, therefore, the present petition is allowed and F.I.R No. 360, dated 26.09.2020, under Sections 324, 323, 504 and 34 of IPC is ordered to be quashed. Since F.I.R No. 360, dated 26.09.2020, under the aforesaid Sections has been quashed, consequent proceedings, arising out of the said F.I.R., pending before the learned trial Court are thereby rendered infructuous.’

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