Navin Kumar and Anr v. The State of Ap

ORDER Date : 06.12.2024

Heard Mr. Idak Bam, learned counsel for the petitioners. Also heard Mr. T. Ete, learned Addl. Public Prosecutor appearing for the State respondents. Page No.# 2/9

¶2The petitioners, by instituting the present proceeding, have prayed for quashing of an FIR dated 30.10.2024, lodged by the petitioner no. 1 against the petitioner no. 2 herein, leading to registration of Itanagar P.S. Case No. 196/2024, under Sections 333/115(2)/324(4)/3(5) of the BNS, 2023.

¶3The facts as projected in the petition is that the petitioner no. 1 had lodged an FIR against the petitioner no. 2, inter alia, alleging therein that at around 1.29 AM of the intervening night of 30.10.2024, three to four persons had come over to the bar at Hotel PYBSS, Itanagar during its closing time. The petitioner no. 1, at the relevant point of time, was resting in his room and on being informed by his staff, he had attended the petitioner no. 2 and his friends and that point of time, one of the persons hit him in his face with a punch and for the incident, he has the relevant CCTV footage. It was further alleged that the persons who had come had also broken down the main glass door of the Hotel. On receipt of the said FIR, Itanagar P.S. Case No. 196/2024, under Sections 333/115(2)/324(4)/3(5) of the BNS, 2023 came to be so registered.

¶4Mr. I. Bam, learned counsel for the petitioner has submitted that after the lodging of the said FIR, on 30.10.2024, by the petitioner no. 1, the petitioners herein sat together and settled the matter. It is alleged that the petitioner no. 2 was in an inebriated condition and had caused minor injuries to the petitioner no.

¶1On resolution of the differences so occasioning on account of the said incident, the same was reduced in writing, in the form of a Deed of Settlement on

22.11.2024. In the said Deed of Agreement, it was mutually agreed by and between the parties to maintain camaraderie and a cordial relationship. It was also resolved by the parties, not to proceed further with the criminal proceeding so set in motion on account of filing of the FIR by the petitioner no. 1 on 30.10.2024. The charges so involved against the petitioner no. 2, also involving non-compoundable charges, the petitioners have jointly instituted the present Page No.# 3/9 proceeding praying for quashing of the said FIR.

¶5Mr. T. Ete, learned Addl. PP has not objected to the prayer made on behalf of the petitioners but, has submitted that the case on investigation having ended in a Charge-Sheet, it is required that the trial in the matter be taken to its logical conclusion.

¶6I have considered the submission advanced by the parties and the materials made available on record.

¶7At the outset, it is to be noted that the provisions of Section 528 of the BNSS, 2023 is pari-metria to the provisions of Section 482 of the Cr.P.C., 1973. The issue arising in the present proceeding is as to whether this Court has the power under Section 528 of the BNSS, 2023; to quash criminal proceeding involving non compoundable offences in view of the compromise arrived at between the parties. The said issue, more particularly, with regard to matrimonial dispute/offences was considered by the Hon'ble Supreme Court in the case of B. S. Joshi & Ors. Vs. State of Haryana & Anr., reported in [(2003) 4 SCC 675] and the Hon'ble Apex Court categorically held that the High court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint; and Section 320 of the Code does not limit or affect the powers under Section 482 of the Code. Exercise of such power would depend upon the facts and circumstances of each case, but with the sole purpose to prevent abuse of the process of any Court or otherwise to secure the ends of justice. It was further held that it is well settled that these powers have no limit, of course, where there is more power; it becomes necessary to exercise utmost care and caution while exercising such powers. Having held so, the Hon'ble Apex Court observed and concluded as follows:- "12. The special features in such matrimonial matters are evident. It becomes the duty of the Court to encourage genuine settlements of matrimonial disputes. Page No.# 4/9

¶13The observations made by this Court, though in a slightly different context, in G.V. Rao v. L.H.V. Prasad & Ors. [(2000) 3 SCC 693] are very apt for determining the approach required to be kept in view in matrimonial dispute by the courts, it was said that there has been an outburst of matrimonial disputes in recent times. Marriage is a sacred ceremony, the main purpose of which is to enable the young couple to settle down in life and live peacefully. But little matrimonial skirmishes suddenly erupt which often assume serious proportions resulting in commission of heinous crimes in which elders of the family are also involved with the result that those who could have counseled and brought about rapprochement are rendered helpless on their being arrayed as accused in the criminal case. There are many other reasons which need not be mentioned here for not encouraging matrimonial litigation so that the parties may ponder over their defaults and terminate their disputes amicably by mutual agreement instead of fighting it out in a court of law where it takes years and years to conclude and in that process the parties lose their "young" days in chasing their "cases" in different courts.

¶14There is no doubt that the object of introducing Chapter XX-A containing Section 498A in the Indian Penal Code was to prevent the torture to a woman by her husband or by relatives of her husband. Section 498A was added with a view to punishing a husband and his relatives who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry. The hyper-technical view would be counter-productive and would act against interests of women and against the object for which this provision was added. There is every likelihood that non-exercise of inherent power to quash the proceedings to meet the ends of justice would prevent women from settling earlier. That is not the object of Chapter XXA of Indian Penal Code.

¶15In view of the above discussion, we hold that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 of the Code does not limit or affect the powers under Section 482 of the Code." Page No.# 5/9

¶8The decision rendered by the Hon'ble Apex Court in the case of B. S. Joshi (supra) came to be doubted when the Special Leave Petition in Gian Singh V. State of Punjab came up for hearing before a two Judges Bench of the Hon'ble Apex Court and accordingly the matter was referred to a larger bench. The larger bench of the Hon'ble Supreme Court in its decision in the case of Gian Singh Vs. State of Punjab & Anr. reported in (2012) 10 SCC 303 has held that the case of B. S. Joshi (supra) was correctly decided by concluding as follows:- "58. Where High Court quashes a criminal proceeding having regard to the fact that dispute between the offender and victim has been settled although offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. No doubt, crimes are acts which have harmful effect on the public and consist in wrong doing that seriously endangers and threatens well-being of society and it is not safe to leave the crime doer only because he and the victim have settled the dispute amicably or that the victim has been paid compensation, yet certain crimes have been made compoundable in law, with or without permission of the Court. In respect of serious offences like murder, rape, dacoity, etc; or other offences of mental depravity under IPC or offences of moral turpitude under special statutes, like Prevention of Corruption Act or the offences committed by public servants while working in that capacity, the settlement between offender and victim can have no legal sanction at all. However, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or the family dispute, where the wrong is basically to victim and the offender and victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable, the High Court may within the framework of its inherent power, quash the criminal proceeding or criminal Page No.# 6/9 complaint or F.I.R if it is satisfied that on the face of such settlement, there is hardly any likelihood of offender being convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated. The above list is illustrative and not exhaustive. Each case will depend on its own facts and no hard and fast category can be prescribed. 59………………………………………………………………………… 60…………………………………………………………………………

¶61The position that emerges from the above discussion can be summarized thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and predominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions Page No.# 7/9 or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."

¶9It is a settled law that the offences which are non-compoundable cannot be compounded by a criminal Court in purported exercise of its powers conferred under Section 359 BNSS, 2023. Any such attempt by the court would amount to alteration, addition and modification of Section 359 of BNSS, 2023, which is the exclusive domain of legislature. Nevertheless, the limited jurisdiction to compound an offence within the framework of Section 359 BNSS, 2023 is not an embargo against invoking inherent powers by the High Court vested in it under Section 528 of BNSS, 2023 for quashing of proceedings or FIR or complaint in an appropriate case. This Court, keeping in view of the particular facts and circumstances of the case and for justifiable reasons can invoke the provisions of Section 528 of BNSS, 2023 in aid to prevent abuse of the process of any Court and/or to secure the ends of justice.

¶10This Court, therefore, having regard to the nature of offence and the fact Page No.# 8/9 that the parties have amicably settled their dispute and the victim having willingly consented to the nullification of criminal proceedings, can quash such proceedings in exercise of its power under Section 528 of the BNSS, 2023, even if the offences are non-compoundable.

¶11This Court, can indubitably evaluate the consequential effects of the offence beyond the body of an individual and thereafter adopt a pragmatic approach, to ensure that the felony, even if it goes unpunished, does not tinker with or paralyze the very object of the administration of criminal justice system. Criminal proceedings involving non-heinous offences or where the offences are pre-dominantly of a private nature can be annulled irrespective of the stage the criminal proceedings are at.

¶12Having noticed the powers available to this Court, under the provisions of Section 528 of BNSS, 2023 and weighing upon the peculiar facts and circumstances involved in the present proceedings, this Court is inclined to invoke the inherent powers of this Court, under Section 528 of the BNSS, 2023 and quash the criminal proceedings existing against the petitioner no. 2 for the following reasons:-

(1) Firstly, the occurrence(s) involved in the present proceeding can be categorized as purely personal or having over-tones of criminal proceedings of private nature;

(2) Secondly, it is seen that the petitioner no. 2 was inebriated condition and the assault made by him upon the petitioner no. 1 had caused minor injuries. The parties having resolved to bury their differences in the matter, no fruitful purpose would be served in continuing the criminal proceedings instituted against the petitioner no. 2. Further the incident involved does not appear to exhibit mental depravity of the petitioner No. 2 or the commission of the said offence cannot be said to be of such a serious nature that Page No.# 9/9 quashing of which would override public interest;

(3) Lastly, the cause of administration of Criminal justice system would remain so unaffected on acceptance of the amicable settlement between the parties.

¶13In view of the conclusion reached hereinabove, this Court in exercise of power under Section 528 of the BNSS, 2023 quash the FIR dated 30.10.2024. Consequently, the Itanagar P.S. Case No. 196/2024, so registered against the petitioner no. 2, under Sections 333/115(2)/324(4)/3(5) of the BNS, 2023, along with other consequential criminal proceedings also stands quashed.

¶14With the above observations, this Criminal Petition stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/9 GAHC040016932024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./211/2024 Navin Kumar and Anr Son of Pawan Kumar, presently residing at Hotel PYBSS Itanagar, PO and PS Itanagar, Papum Pare District, Arunachal Pradesh. 2: Tajum Rai Age: Occupation : Son of Tara Rai presently residing at Nirvachan Bhawan Itanagar PO and PS Itanagar Papum Pare District Arunachal Prades VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Rintu Saikia, Idak Bam,Ligam Nochi Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR