RITA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for quashing of F.I.R. No. 109, dtd. 29/6/2023, registered at Police Station Majra, District Sirmour, H.P. for the commission of offences punishable under Ss. 341, 323 and 34 of Indian Penal Code. The offences alleged against the petitioners are compoundable. The only question is whether the petition under Sec. 482 of Cr.P.C. is to be entertained for quashing the F.I.R. based on the compromise effected between the parties when the offences are compoundable.

(2.) It was laid down by the Full Bench of Delhi High Court in Gopal Dass vs State AIR 1978 Del138, that the power under Sec. 482 of Cr.P.C. is vested in the Court to make such order as may be necessary to give effect to any order under the Code, prevent abuse of the process of any Court or otherwise to secure the ends of justice. It was held that this power cannot be exercised when a specific remedy is available under the other provisions of the Code. It was observed:-

(3.) It was held by the Hon'ble Supreme Court in Hamida v. Rashid, (2008) 1 SCC 474, that the inherent power under Sec. 482 of Cr.P.C. is to be exercised sparingly and should not be exercised when an alternative remedy is available. It was observed: