Bindu Talwar And Another v. State Of Haryana And Another
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8 "Nobody is appearing on behalf of respondent No.2 complainant.
Copy of the petition be sent to the concerned Court below and seek report as to whether the parties have settled the dispute or nor especially in view of Annexures P5 and P6.
Adjourned to 21.02.2024."
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81 "The report has been prepared compliance of directions of Hon'ble The High Court of Punjab and Haryana in CRMM320882023 vide dated 15.11.2024 and 21.02.2024 whereby the Trial Court was directed to submit the report regarding settlement between parties especially in of Annexure P5 & P6. Learned counsel for the accused/ petitioner placed on record copy of application alongwith copy of Annexures P5 & P6 on the file. Annexures P5 & P6 were confronted to complainant Sh. Mahender Gatg осне. He identified his signatures on Annexures P5 & P6 and stated that the matter has been amicably settled with accused persons. He does not want to proceed with the FIR against Mrs. Bindu Tatwar and Saransh Talwar and also stated that he has no objection, if the FIR is quashed. In the same way accused persons namely: Mrs.
Bindu Talwar and Saransh Talwar also made a joint statement to the effect that the matter has been amicably settled with the complainant for Rs.6.00,000/. They made part payment of Rs.4,00,000/ on 19.12.2019 and remaining payment of Rs 2,00,000/ was paid to complainant on 08.01.2020. They both requested to quash the FIR against them. As per statements made by both the complainant and accused persons, the matter has been amicably settled between the parties. It appears that the compromise so arrived between the parties is without any pressure, undue influence, fraud or coercion. The report is being submitted for your kind perusal please."
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"(" $ !:5 5 8 (a) Power u/s 482 Cr.P.C. vested with this Court is much wiser and is unaffected by Section 320 of the Code. (b) However, wider the power greater the caution. (c) The underlining principle while exercising such power is that it can be invoked to quash the proceedings recognizing compromise between the parties in the matters which are overwhelmingly and predominantly of civil character like commercial transactions or arising out of matrimonial relationship or family disputes.
(d) The said power is not to be exercised in the prosecutions involving heinous and serious offences of mental depravity or offences like murder, rape, dacoity etc. as such offences are not private in nature and have a serious impact on society.
(e) Section 482 Cr.P.C. casts duty upon the High Court to advance interest of justice as well. It is in recognition of this duty casted upon the High Court, that Apex Court held that the High Court would not refuse to quash FIR under Section 307 merely because FIR finds mention thereof. High Court can assess nature of injuries sustained, whether such injuries inflicted on vital/delicate parts of the body/nature of weapons used etc. (f) Such exercise at the hands of High Court would be permissible only after the evidence is collected after investigation and chargesheet is filed/charges framed during the trial. Such exercise cannot be carried out while the matter is still under
investigation.
(g) While quashing FIR in noncompoundable offences even which are of private in nature, High Court is required to consider antecedents of the accused, conduct of the accused and whether he was absconding or whether he has managed the complainant to enter into a compromise.
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: 9 <2545) *+ 81 (i) The present matter does not fall within the exceptions as carved out in !"# 2 case (supra) i.e. heinous offence.
(ii) The offences alleged are of private nature.
(iii) The parties have compromised.
(iv) As per the report received the compromise is said to be voluntary in its nature.
(v) Complainant/victim is reported to have entered into compromise on his own volition.
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