THE STATE OF MADHYA PRADESH versus LAXMI NARAYAN AND OTHERS

Citation: [2019] 2 S.C.R. 864 · Decided: 05-03-2019 · Supreme Court of India · Bench: A.K. SIKRI · Disposal: Appeal(s) allowed

Cited by 6 judgment(s) · cites 6 · see the full citation network in Lexace

Judgment (excerpt)

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864                    SUPREME COURT REPORTS            [2019] 2 S.C.R.
THE STATE OF MADHYA PRADESH
v.
LAXMI NARAYAN AND OTHERS
(Criminal Appeal No. 349 of 2019)
MARCH 05, 2019
[A. K. SIKRI, S. ABDUL NAZEER AND M. R. SHAH, JJ.]
Code of Criminal Procedure, 1973:
s. 482 – Inherent powers of the High Court – Quashing of
FIR – On facts, FIR for the offences u/ss. 307 and 34 and for the
offences punishable u/ss. 323, 294, 308 and 34 respectively –
Quashed by the High Court on basis of compromise between the
complainant and the accused – Sustainability of – Held: Not
sustainable – High Court mechanically quashed the FIR, in exercise
of its powers u/s. 482 CrPC – High Court did not at all consider the
fact that the offences alleged were non-compoundable offences as
per s. 320 CrPC, and more particularly the seriousness of the
offences and its social impact, and the antecedents of the accused
– High Court erred in quashing the FIR holding that as the
complainant had compromised with the accused, there was no
possibility of recording a conviction, and/or the further trial would
be an exercise in futility – Thus, the order passed by the High Court
is quashed and set aside.
ss. 482 and 320 – Power u/s. 482 to quash the criminal
proceedings for the non-compoundable offences u/s. 320, where
parties have settled the matter between themselves – Exercise of –
Guiding principles – Elucidated.
Allowing the appeals, the Court
HELD: 1.1 The High Court quashed the FIR holding that
there is no chance of recording conviction against the accused
persons and the entire exercise of a trial would be exercise in
futility. The High Court did not at all consider the fact that the
offences alleged were non-compoundable offences as per Section
320 Cr.P.C. From the impugned judgment and order, it appears
that the High Court has not at all considered the relevant facts
and circumstances of the case, more particularly the seriousness
of the offences and its social impact. From the impugned judgment
[2019] 2 S.C.R. 864
864
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865
and order passed by the High Court, it appears that the High
Court has mechanically quashed the FIR, in exercise of its powers
under Section 482 Cr.P.C. The High Court has not at all
considered the distinction between a personal or private wrong
and a social wrong and the social impact. [Para 9, 9.1][873-B-E]
1.2 As regards the reliance placed upon the decision of this
Court in Shiji’s case, while quashing the FIR by observing that as
the complainant has compromised with the accused, there is no
possibility of recording a conviction, and/or the further trial would
be an exercise in futility is concerned, the High Court clearly
erred in quashing the FIR on the said ground. It appears that the
High Court has misread or misapplied the said decision to the
facts of the cases on hand. The High Court ought to have
appreciated that it is not in every case where the complainant
has entered into a compromise with the accused, there may not
be any conviction. Such observations are presumptive and many
a time too early to opine. In a given case, it may happen that the
prosecution still can prove the guilt by leading cogent evidence
and examining the other witnesses and the relevant evidence/
material, more particularly when the dispute is not a commercial
transaction and/or of a civil nature and/or is not a private wrong.
The Shiji’s decision may be applicable in a case which has its
origin in the civil dispute between the parties; the parties have
resolved the dispute; that the offence is not against the society
at large and/or the same may not have social impact; the dispute
is a family/matrimonial dispute etc. The said decision may not be
applicable in a case where the offences alleged are very serious
and grave offences, having a social impact like offences under
Section 307 IPC. The High Court has mechanically considered
Shiji’s case without considering the relevant facts and
circumstances of the case. [Paras 11, 11.1][880-B-F; 881-D-E]
Shiji @ Pappu & others v. Radhika and another (2011)
10 SCC 705 : [2011] 13 SCR 135 –  held inapplicable.
2.1 The power conferred under Section 482 of the Code to
quash the criminal proceedings for the non-compoundable
offences under Section 320 of the Code can be exercised having
overwhelmingly and predominantly the civil character, particularly
those arising out of commercial transactions or arising out of
THE STATE OF MADHYA PRADESH v. LAXMI NARAYAN & ORS.
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