S.K. ARORA Vs. STATE OF H.P.

JUDGEMENT

(1.) BY way of present petition, the petitioners seek quashing of FIR No. 180 of 2013, registered on 30.8.2013 at Police Station Nalagarh, under sections 420, 406, 34 IPC alongwith all consequential proceedings arising therefrom.

(2.) IN view of subsequent development, it is not necessary to state the facts giving rise to the present petition, suffice it to say that the contesting parties have now filed a joint application being Cr.MP No. 531 of 2014, under section 482 Cr.P.C., wherein it is stated that Yes respondents(complainants) and the petitioners have settled their dispute and controversies amicably and the same have been set out in the settlement -deed dated 31.5.2014 annexed as Annexure A -1. It is further stated that both the parties admit and acknowledge the terms and conditions of the aforesaid settlement, which has been reached between the parties without any pressure, force, undue influence and coercion and is out of their freewill and consent and the parties thereto are bound by it. It is further claimed that all disputes have now been settled and there is no pending claim amongst the parties. Lastly, it is stated that since the parties have settled their disputes, the complainants -respondents No. 2 and 3 do not want to pursue their complaint and FIR, therefore, the same may be quashed.

(3.) THIS court is not powerless in such situation and adequate powers have been conferred upon it, under section 482 Cr.P.C. (hereinafter referred to as the Code) for accepting the settlement entered into between the parties and to quash the proceedings arising out of the proceedings, which have consequently culminated into a settlement. This power has been conferred to subserve the ends of justice or/and to prevent abuse of the process of any court Though, such power is required to be exercised with circumspection and in cases which do not involve heinous and serious offence of mental depravity or offences like murder, rape, dacoity etc. The law on this subject has been summed up in a recent judgment of the Hon'ble Supreme Court in Narinder Singh & Ors. V. State of Punjab & Anr. : JT 2014 (4) SC 573, wherein it was held as under: -