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Judgment reserved on 01.11.2021
Judgment delivered on 11.01.2022
2. This application (u/s 482 Cr.P.C.) has been filed with request
that the matter may be referred to the Mediation and Conciliation
Centre of this Court in relation to FIR No.501 of 2019, under Sections
323, 354, 498A, 504 I.P.C. and Section 3/4 of Dowry Prohibition Act,
1961, Police Station Mandion, District Lucknow and also quashed the
entire proceeding in relation to FIR No.501 of 2019 (supra).
Bench to the parties and on the first appearance of opposite party No.4
before the Mediation Centre Rs. 13,000/- out of Rs. 15,000/-, which shall
be deposited by the applicants shall be paid to her to meet out her
expenses of travelling, etc.
Mediation Center will try its best to persuade the parties to arrive at a
settlement and will submit a report to this Court within two months from
the start of mediation.
List this case in the Ist week of November, 2020.
Till then no coercive measure shall be taken against the applicants in the
aforementioned case."
"29.7. While deciding whether to exercise its power under Section 482 of
the Code or not, timings of settlement play a crucial role. Those cases
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"16. The broad principles which emerge from the precedents on the
subject, may be summarised in the following propositions:
16.1. Section 482 preserves the inherent powers of the High Court to
prevent an abuse of the process of any court or to secure the ends of
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justice. The provision does not confer new powers. It only recognises and
preserves powers which inhere in the High Court.
16.2. The invocation of the jurisdiction of the High Court to quash a first
information report or a criminal proceeding on the ground that a
settlement has been arrived at between the offender and the victim is not
the same as the invocation of jurisdiction for the purpose of compounding
an offence. While compounding an offence, the power of the court is
governed by the provisions of Section 320 of the Code of Criminal
Procedure, 1973. The power to quash under Section 482 is attracted even
if the offence is non-compoundable.
16.3. In forming an opinion whether a criminal proceeding or complaint
should be quashed in exercise of its jurisdiction under Section 482, the
High Court must evaluate whether the ends of justice would justify the
exercise of the inherent power.
16.4. While the inherent power of the High Court has a wide ambit and
plenitude it has to be exercised (i) to secure the ends of justice, or (ii) to
prevent an abuse of the process of any court.
16.5. The decision as to whether a complaint or first information report
should be quashed on the ground that the offender and victim have settled
the dispute, revolves ultimately on the facts and circumstances of each
case and no exhaustive elaboration of principles can be formulated.
16.6. In the exercise of the power under Section 482 and while dealing
with a plea that the dispute has been settled, the High Court must have
due regard to the nature and gravity of the offence. Heinous and serious
offences involving mental depravity or offences such as murder, rape and
dacoity cannot appropriately be quashed though the victim or the family
of the victim have settled the dispute. Such offences are, truly speaking,
not private in nature but have a serious impact upon society. The decision
to continue with the trial in such cases is founded on the overriding
element of public interest in punishing persons for serious offences.
16.7. As distinguished from serious offences, there may be criminal cases
which have an overwhelming or predominant element of a civil dispute.
They stand on a distinct footing insofar as the exercise of the inherent
power to quash is concerned.
16.8. Criminal cases involving offences which arise from commercial,
financial, mercantile, partnership or similar transactions with an
essentially civil flavour may in appropriate situations fall for quashing
where parties have settled the dispute.
16.9. In such a case, the High Court may quash the criminal proceeding if
in view of the compromise between the disputants, the possibility of a
conviction is remote and the continuation of a criminal proceeding would
cause oppression and prejudice; and
16.10. There is yet an exception to the principle set out in propositions
16.8. and 16.9. above. Economic offences involving the financial and
economic well-being of the State have implications which lie beyond the
domain of a mere dispute between private disputants. The High Court
would be justified in declining to quash where the offender is involved in
an activity akin to a financial or economic fraud or misdemeanour. The
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B.S. Joshi And Others vs. State of Haryana And Another reported in
(2003) 4 SCC 675. The relevant part of the judgment reads as under :-
8. It is, thus, clear that Madhu Limaye case [(1977) 4 SCC 551 : 1978
SCC (Cri) 10] does not lay down any general proposition limiting power
of quashing the criminal proceedings or FIR or complaint as vested in
Section 482 of the Code or extraordinary power under Article 226 of the
Constitution of India. We are, therefore, of the view that if for the purpose
of securing the ends of justice, quashing of FIR becomes necessary,
Section 320 would not be a bar to the exercise of power of quashing. It is,
however, a different matter depending upon the facts and circumstances of
each case whether to exercise or not such a power. Considering
matrimonial matters, this Court also held:
12. The special features in such matrimonial matters are evident. It
becomes the duty of the court to encourage genuine settlements of
matrimonial disputes.
15. In 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.
8. Learned counsel for the applicants has also relied on the recent
judgment of Hon'ble Supreme Court in the case of Ramawatar vs.
State of Madhya Pradesh reported in 2021 SCC Online SC 966. The
relevant part of the judgment reads as under:-
9. Learned counsel for the applicants has submitted that in the law
laid down by the Full Bench of this Court in the case of Ram Lal
Yadav (supra) relied by learned A.G.A. is wrongly interpreted as in
the aforesaid judgment, it is held that after lodging the FIR, which
discloses the commission of a cognizable offence, statutory powers of
Police, under Section 156 Cr.P.C. to investigate the case registered on
the basis of information, no interference is permissible in the
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11. Learned counsel for the applicants has submitted that in the
case of Ramawatar (supra), the Hon'ble Supreme Court has held that
even at the stage of appeal against the conviction order, power of
inherent jurisdiction can be invoked to do the complete justice,
therefore, in the present case, First Information Report and its
consequential proceedings may be quashed in terms of settlement
agreement executed before the Mediation and Conciliation Centre of
this Court.
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14. As in the case of Ram Lal Yadav (supra) there is no bar from
interference in the FIR in application (u/s 482 Cr.P.C.) as this question
was already decided in the case of Bhajan Lal (supra) that inherent
powers can be invoked in seven conditions, which reads as under:-
(1) Where the allegations made in the first information report or the
complaint, even if they are taken at their face value and accepted in their
entirety do not prima facie constitute any offence or make out a case
against the accused.
(2) Where the allegations in the first information report and other
materials, if any, accompanying the FIR do not disclose a cognizable
offence, justifying an investigation by police officers under Section 156(1)
of the Code except under an order of a Magistrate within the purview of
Section 155(2) of the Code.
(3) Where the uncontroverted allegations made in the FIR or complaint
and the evidence collected in support of the same do not disclose the
commission of any offence and make out a case against the accused.
(4) Where, the allegations in the FIR do not constitute a cognizable
offence but constitute only a non-cognizable offence, no investigation is
permitted by a police officer without an order of a Magistrate as
contemplated under Section 155(2) of the Code.
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(5) Where the allegations made in the FIR or complaint are so absurd and
inherently improbable on the basis of which no prudent person can ever
reach a just conclusion that there is sufficient ground for proceeding
against the accused
(6) Where there is an express legal bar engrafted in any of the provisions
of the Code or the concerned Act (under which a criminal proceeding is
instituted) to the institution and continuance of the proceedings and/or
where there is a specific provision in the Code or the concerned Act,
providing efficacious redress for the grievance of the aggrieved party.
(7) Where a criminal proceeding is manifestly attended with mala fide
and/or where the proceeding is maliciously instituted with an ulterior
motive for wreaking vengeance on the accused and with a view to spite
him due to private and personal grudge."
16. The Law Commission in its 40th report observed that the
statutory power under Section 561 A Cr.P.C. is extended only the
inherent power of High Court. One may compare it with the
recognition of the inherent powers of all civil courts by Section 151
Cr.P.C. Later on, Law Commission in its 41st reports recommended
that inherent power of Section 561-A Cr.P.C. be extended to all
Criminal Courts to prevent abuse of process of any Court or otherwise
to secure the ends of justice, but the legislature did not accept the
recommendation of commission to extend the inherent power as
mentioned in Section 561-A of Criminal Procedure Code, 1898. Para
46.23 of 41st report of Law Commission is reproduced as under:-
"Section 561 A recognises the inherent powers of the Section 561 A, High
Court to do real and substantial justice between parties. Assuming its
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existence, the Section provides that nothing in the Code shall be deemed
to limit or affect the inherent power of the High Court to give effect to any
order under the Code (whether made by itself or by a subordinate Court)
or to prevent abuse of the process of any Court (including subordinate
Courts) or otherwise to secure the ends of justice.
Fourteenth Report. Vol. II, page 829, the Law Commission observed:-
"This statutory recognition, however, extends only to the inherent
powers of the High Court. One may compare it with the recognition of the
inherent powers of all civil courts by Section 151, Criminal Procedure
Code.
In a number of decisions before and after the enactment of Section
561A, various High Courts have also recognised the existence of
such power in subordinate Courts. We would, therefore,
recommend a statutory recognition of such inherent power which
has been recognized as vesting in all subordinate criminal courts.
However, the general principle of law is that the inherent power of
a court can be exercised only to give effect to orders made by it or
to prevent abuse of its own processes.
We agree with this recommendation. We do not, however consider
it necessary or desirable to go further and recognise and inherent
power in Courts of Session and other Courts of Appeal to pass
appropriate orders to prevent the abuse of the process of any
subordinate Court.
We propose that the Section may be expanded as follows:-
"561 A. Nothing in this Code shall be deemed to limit or saving of
inherent powers of Criminal Courts, affect the inherent power-
(a) of the High Court to make such orders as may be necessary to
give effect to any order under this Code or to prevent abuse of the
process of any Court or otherwise to secure the ends of justice, or
(b) of any Criminal Court to make such orders as may be
necessary to prevent abuse of its process or otherwise to secure the
ends of justice."
17. In the case of Ram Lal Yadav (supra) the provision of
anticipatory bail, under Section 438 Cr.P.C. was not existing,
therefore, there was a delima to get the remedy of pre arrest during
investigation, then it was clarified by this Court that High Court has
no inherent powers, under Section 482 Cr.P.C. to interfere with the
arrest of accused persons during the course of investigation, but it was
clarified that High Court can always issue a writ of mandamus, under
Article 226 of the Constitution restraining the police officer for
misusing his legal power in relation to arrest and FIR can be quashed,
under Section 482 Cr.P.C., which is covered under the principle laid
down by Hon'ble Supreme Court in the Case of Bhajan Lal (supra)
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and the present case law laid down by the Hon'ble Supreme Court in
the cases as discussed above.
18. In the present case, First Information Report No. 501 of 2019,
under Sections 323, 354, 498A, 504 I.P.C. and Section 3/4 of Dowry
Prohibition Act, 1961, Police Station Mandion, District Lucknow was
lodged on 14.06.2019 by the opposite party No.4 and during the
course of investigation, FIR and its consequential proceedings were
challenged before this Court, and thereafter, matter was referred to the
Mediation and Conciliation Centre of this Court with the consent of
counsel for the opposite party No.4 on the first date and it was
successfully concluded and presently opposite party No.4 is enjoying
her matrimonial life and residing with her husband and children. As in
the case of Ram Lal Yadav (supra), this Court held that Investigating
Officer can not be restrained from arresting the accused of a
cognizable offence. The Hon'ble Supreme Court in the case of
Bhajan Lal (supra) and Ramawatar (supra) already held that FIR
and its consequential proceedings can be quashed (u/s 482 Cr.P.C.),
therefore, this Court is of the view that impugned FIR and its
consequential proceedings is liable to be quashed in terms of
settlement agreement of parties before Mediation and Conciliation
Centre of this Court.
19. For the discussions made above, the present application (u/s
482 Cr.P.C.) is allowed and First Information Report No.501 of 2019,
under Sections 323, 354, 498A, 504 I.P.C. and Section 3/4 of Dowry
Prohibition Act, 1961, Police Station Mandion, District Lucknow, is
hereby quashed.