Parvez Alam v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR CR.M.P. No. 1817 of 2018

1. Parvez Alam, S/o. Mohammed Tasrif, Aged About 29 Years.

2. Mohammed Tasrif, S/o. Pir Mohammed, Aged About 51 Years.

3. Smt. Lal Bee, W/o. Mohammed Tasrif, Aged About 46 Years.

4. Sajid Alam, S/o. Mohammed Tasrif, Aged About 26 Years.

5. Tammi Alam, S/o. Mohammed Tasrif, Aged About 24 Years. All R/o. In Front Of Pond, Beltara, Police Station- Ratanpur, DistrictBilaspur, Chhattisgarh. ---- Petitioners

Versus

1. State Of Chhattisgarh, Through Station House Officer, Police StationRatanpur, District- Bilaspur, Chhattisgarh

2. Smt. Rijwana Parwin, W/o. Perwez Alam, Aged About 28 Years, R/o. Samta Colony, Bilaspur, Police Station -Civil Line, Tahsil & DistrictBilaspur, Chhattisgarh. Mobile No. 9981184909 (Complainant) ---- Respondents For Petitioners : Mr. S.B.Pandey, Advocate For Respondent No.1 : Ms. Shivali Dubey, Panel Lawyer For Respondent No.2 : Mr. Shyam Sundar Lal Tekchandani, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 12.03.2019 Heard 1.

The present petition is to quash the FIR registered against the petitioner for the offence under Section 498-A, 294 read with Section 34 of Indian Penal Code in Crime No.222/2018 at Police StationRatanpur, District Bilaspur (C.G.) 2.

As per the case of the complainant, the respondent No.2, Smt. Rijwana Parwin, was married to the petitioner No.1, Parvez Alam, on 22.03.2017 and the petitioners No.2 to 5 are other family members. It is alleged that after the marriage they could not go along and quarrel started in between the parties. Eventually, a report was made by the

complainant on 20.06.2018. After registration of the FIR, it is contended that the parties have entered into an agreement on 03.0.2018 and compromise has been arrived at in between the parties. 3.

Learned counsel appearing for the petitioners/accused and complainant would submit that the statement of the complainant is recorded and she do not want to further prosecute her complaint, which is registered under Section 498-A, 294 read with Section 34 of Indian Penal Code in Crime No.222/2018 at Police Station Ratanpur, District Bilaspur. Accordingly, the FIR may be quashed. 4.

Perusal of the record would show that the statement of the complainant as also the accused were recorded before the Additional Registrar (Judicial). The statement of the complainant Smt. Rijwana Parwin would reveal that she stated that she has entered into compromise without any fear, favour or undue pressure and volunteered that she do not want to continue her complaint, which is registered in Crime No.222/2018 for the offence under Section 498-A, 294 read with Section 34 of Indian Penal Code. 5.

The Hon'ble Supreme Court in Gian Singh v. State of Punjab & Another1 has laid down the following principles : "61. 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 (2012) 10 SCC 303

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 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 predominatingly 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 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.

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.

6.

Further, in case of Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur & Ors. v. State of Gujarat & Ors.2 their Lordship again reiterated the view taken in case of Gian Singh (supra) and has laid down the following propositions :

"15. The broad principles which emerge from the precedents on the subject, may be summarised in the following propositions :

(i) Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court;

(ii) The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-compoundable.

(iii) In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power;

(iv) While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised; (i) to secure (2017) 9 SCC 641

the ends of justice or (ii) to prevent an abuse of the process of any court;

(v) The decision as to whether a complaint or First Information Report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated;

(vi) In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences;

(vii) As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing in so far as the exercise of the inherent power to quash is concerned;

(viii) Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute;

(ix) In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and

(x) There is yet an exception to the principle set out in propositions (viii) and (ix) above. Economic offences involving the financial and economic well-being of the state have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. The consequences of the act complained of upon the financial or economic system will weigh in the balance.

7.

Considering the submission made and the nature of complaint, which is private in nature, no purpose would be served to continue the FIR. Therefore, under the circumstances, following the principles laid down by the Supreme Court in the above cited cases, it is directed that the FIR dated 20.06.2018 registered at Police Station Ratanpur, District Bilaspur bearing Crime No.222/2018 for the offence under Section 498-A, 294 read-with Section 34 of Indian Penal Code against the petitioners is hereby quashed and they are acquitted of the charges. 8.

Accordingly, the petition is allowed.

Sd/- (Goutam Bhaduri) Judge Ashok