Indian Penal Code, 1860 – Section 341, 323, 34 – Code of Criminal Procedure, 1973 – Section 482 – Quashing of FIR – Compoundable offences – Compromise – Scope of Section 482 Cr.P.C – Inherent powers of High Court – Alternative remedies – The petitioners sought quashing of FIR No. 109/2023, dated 29.06.2023, registered under Sections 341, 323, and 34 IPC at Police Station Majra, District Sirmour, H.P., on the grounds of compromise between the parties, despite the offences being compoundable.Citing Gopal Dass vs State, the court emphasized that the inherent powers under Section 482 Cr.P.C. are to be sparingly exercised when a specific remedy is available under the Code, to prevent abuse of process or secure the ends of justice.
Referring to Hamida v. Rashid, the court reiterated the principle that inherent power must be sparingly exercised, especially when alternative remedies exist, and should not be invoked if there is an express provision in the statute governing the matter.
Relying on B.S. Joshi vs. State of Haryana and Ravi Sharma Vs. State of H.P. & another, the court noted that while the High Court can quash FIRs in non-compoundable offences based on compromise in exceptional cases, such power should not be exercised in respect of compoundable offences unless necessary to prevent abuse of process or secure justice.
Observing that the petitioners failed to provide reasons why the powers under Section 482 Cr.P.C. should be invoked to quash an FIR involving compoundable offences, the court dismissed the petition, emphasizing the availability of an alternative remedy under Section 320 Cr.P.C.
The court directed the parties to approach the learned Magistrate for composition of offences without being influenced by the dismissal of the petition. (Para 6)
HIGH COURT OF HIMACHAL PRADESH
2023 STPL(Web) 349 HP
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Smt. Rita & Others Vs. State Of Himachal Pradesh & Another
Cr.MMO No. 1137 of 2023-Decided on 24-11-2023
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