Vivek Singh Thakur DECISION
Vivek Singh Thakur, J.
1. Present petition has been preferred under Section 482 Cr.P.C. for quashing of FIR No. 21 of 2018 dated 9.3.2018, registered at P.S. Nirmand, Tehsil Nirmand, District Kullu (H.P.) under Sections 354(D) and 509 IPC lodged by respondent No. 2 and consequential proceedings initiated in pursuance thereto against the petitioner. Present petition has been fled on the basis of compromise arrived at between the parties.
2. On 16.9.2019, petitioner/accused Naresh Kumar and complainant/respondent No. 2 Seema Devi were present in person in Court, who were duly identified by their respective counsel, and on that day, statement of complainant Seema Devi was recorded on oath. Today, petitioner is present in person and his statement has also been recorded on oath.
3. Complainant Seema Devi in her statement after reiterating the incident, has stated that now the petitioner has apologized for his act and has undertaken not to repeat such activity in future and being a widow, she is not interested to attend the Court and as she has also forgiven the petitioner and agreed to compromise the dispute and accordingly, she is not interested in continuation of the proceedings on the basis of FIR lodged by her. She has admitted the signing of compromise placed on record with petition. However, she has not admitted the reasons stated therein with respect to lodging of complaint, rather she has re-affirmed by saying that she had reported to police, what had happened with her which has been recorded in FIR lodged by her. However, she has also stated that she had decided to compromise the case and therefore, she had agreed to prepare the compromise deed and had signed the same as it was prepared in order to close the matter. Lastly, she has categorically deposed that she had entered into the compromise, signed it and deposed in Court out of free will, consent and without any external pressure, coercion or threat of any kind.
4. The petitioner, present in Court today, has stated that on 16.9.2019 statement of complainant Smt. Seema Devi was recorded in his presence and he has heard the same and admit the same to be true and correct. He has stated that he has realized his mistake, but it was his first and last mistake as he has decided not to repeat such mistake and he has also apologized for his act to respondent No. 2 and has also undertaken not to repeat such activities with anyone and complainant has also forgiven him and has entered into compromise with him after agreeing to compromise the matter. It is also stated by him that he has apologized, entered into compromise and deposed in this Court today out of his free will and consent and also without any fear, threat, pressure or coercion.
5. It is contended on behalf of respondent-State that accused is not entitled to invoke inherent jurisdiction of this Court to exercise its power keeping in view the nature of offence committed by petitioner.
6. Three Judges Bench of the Apex Court in Gian Singh Vs. State of Punjab and Ors. reported in MANU/SC/0781/2012 : (2012) 10 SCC 303, explaining that High Court has inherent power under Section 482 of the Code of Criminal Procedure with no statutory limitation including Section 320 Cr.P.C., has held that these powers are to be exercised to secur........