C528/973/2025 of PARMANAND JOSHI Vs STATE OF UTTARAKHAND

HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Misc Application U/s 528 No.973 of 2025

02nd July, 2025

Parmanand Joshi ……..Applicant

Versus

State of Uttarakhand and others ……….Respondents

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Presence:-

Mr. K.K. Harbola, Advocate for the applicant.Mr. Akshay Latwal, A.G.A. for the State. Mr. Dheeraj Joshi, Advocate for respondent nos. 3 to 5.

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Hon’ble Pankaj Purohit, J.

The present C528 application has been filed by the applicant for quashing the charge sheet dated 23.08.2024 and impugned cognizance/summoning order dated 03.10.2024 and entire proceedings of Criminal Case No.2035 of 2024, State Vs. Parmanand Joshi, under Sections 279, 337, 338 and 427 of IPC registered at Police Station Kotwali Champawat, District Champawat, pending before learned Chief Judicial Magistrate, Champawat, against the applicant.

2. joint compounding application has been moved on behalf of the parties, supported by their respective affidavits, seeking to compound offences under the aforesaid sections.

3. It is contended in the compounding application that both – applicant as well as respondent nos.3 to 5, have resolved their dispute. Respondent nos.3 to 5 submitted that they don’t have any grievance against the applicant and they want to settle the matter.

4. Both – applicant and respondent nos.3 to 5 are present before this Court, who are duly identified by their

respective counsel. On interaction with the parties, they stated that they have amicably settled their dispute and do not want to continue with the present criminal proceedings.

5. Per contra, learned counsel for the State has formally raised objection to the offence made out in the present case on the ground that the offence is non-compoundable.

6. So far as compounding of non-compoundable offence is concerned, the Apex Court has dealt with the consequence of compromise in this regard in the case of B.S. Joshi and others vs. State of Haryana and another, reported in (2003)4 SCC 675and has held as below: -

“If for the purpose of securing the ends of justice, quashing of FIR becomes necessary, Section 320 Cr.P.C. would not be bar to the exercise of power ofquashing. It is, however, different matter depending upon the facts and circumstances of each case whether to exercise or not such power.”

7. Thus, the High Court, in exercise of its extraordinary power can quash criminal proceedings or FIR or complaint, and Section 320 of Cr.P.C. does not limit or affect the powers under Article 226 of the Constitution of India.

8. Learned counsel for the parties also drew the attention of this Court towards the ruling of Gian Singh v. State of Punjab and another, (2013) 1 SCC (Cri) 160, in which Hon’ble Supreme Court observed as below:

“The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to 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 inaccord 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 thecriminal 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. ………………… 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 power of the High Court in quashing criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to 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 inaccord 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 thecriminal 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. ………………… 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.”

9. Having considered the submissions made by learned counsel for the parties, this Court is of the opinion that since the parties have reached to the terms of the compromise, there would remain remote or bleak possibility of conviction in this case. It can also safely be inferred that it would be unfair or contrary to the interest of justice to permit continuation of the criminal proceedings. Since the answer to the aforesaid points is in affirmative, this Court finds it fit case to permit the parties to compound the matter.

10. Accordingly, Compounding Application (IA No.1 of 2025) is allowed. The offences between the parties are permitted to be compounded. As result, the charge sheet dated 23.08.2024 and impugned cognizance/summoning order dated 03.10.2024 and entire proceedings of Criminal Case No.2035 of 2024, State Vs. Parmanand Joshi, under Sections 279, 337, 338 and 427 of IPC registered at Police Station Kotwali Champawat, District Champawat, pending before learned Chief Judicial Magistrate, Champawat, against the applicant stand quashed.

11. C528 application stands disposed-off, in the aforesaid terms.

(Pankaj Purohit, J.) 02.07.2025