KULDIP CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure (for short 'Code') has been preferred by the petitioners for quashing of FIR No. 53 of 2016, registered at Police Station, Bhawarna, District Kangra, H.P., on 20/4/2016, under Ss. 341, 323, 354A, 506, 504 and 34 IPC.

(2.) Today, petitioners No. 1 to 5 and complainant/ petitioner No. 6 are present in the Court and identified as such by their counsel. It is stated by learned counsel for the petitioners that they have amicably compromised the matter as per compromise deed, placed on the file, as Annexure P-2 and now complainant/petitioner No. 6 does not not want to pursue this case against petitioners No. 1 to 5.

(3.) The moot question is whether the Court in such like cases can quash the proceedings. In Narinder Singh and Ors. v. State of Punjab and Anr. JT 2014 (4) SC 573 the Hon'ble Supreme Court after summing up the legal position has laid down the following guidelines for the High Court in giving adequate treatment to the settlement between the parties and exercising its powers under Sec. 482 of the Code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings, which reads thus:-