ANKUR KALIA Vs. STATE OF H.P.

JUDGEMENT

(1.) HEARD .

(2.) IN this petition, filed by the accused -petitioners, a prayer has been made for quashing of criminal proceedings initiated by respondent No. 2 against them vide FIR No. 41 of 2013 under Sections 452, 323, 504 read with Section 34 of Indian Penal Code registered in Police Station, Chintpurni District Una on the grounds inter alia that they have reconciled all the differences amicably and that the complainant is now not interested in prosecuting the criminal proceedings he initiated against them, any further.

(3.) NO doubt, an appropriate application under Sections 320 or 321 of the Code of Criminal Procedure for compounding of an offence and withdrawal of prosecution in a criminal case could have only been filed in the trial Court. However, keeping in view that the offence punishable under Section 452 of Indian Penal Code is not compoundable one, therefore, no such application can be filed or entertained. On the other hand, the law on the issue is no more res -integra as the Apex Court in Gian Singh versus State of Punjab and another, : (2012) 10 SCC 30 has held that the High Court in exercise of inherent powers vested in it under Section 482 of the Code of Criminal procedure, may quash the FIR in appropriate cases having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions, matrimonial or relating to dowry etc., in which the wrong basically is done to the victim and irrespective of the offence not compoundable, the victim and the accused have settled the dispute amicably. However, as per this judgment, the apex Court, in cases of serious nature like rape, dacoity and corruption cases etc., had deprecated the practice of quashing FIR for the reason that such offences have serious impact in the society at large. This judgment reads as follows: -