Paris Chandel v. State of Himachal Pradesh
In the High Court of Himachal Pradesh
Cr.M.P. 391/ 2021
Before Justice Anoop Chitkara
Decided on September 7, 2021

Relevancy of the case: Quashing of FIR after the settlement between the parties in a case involving blackmailing and threats to call off the marriage

Statutes and Provisions Involved

• The Code of Criminal Procedure, 1973 (Section 482)

Relevant Facts of the Case

• The petitioner befriended the victim and, after being in touch for a while. He proposed to her for marriage, which she accepted. She did not inform or ask for her parents’ permission while accepting the proposal.
• Later, he pushed her to show her private parts on a video call. He threatened her that if she did not do so, he would cancel the marriage. Under pressure, she started showing her private parts.
• However, he recorded the calls and started blackmailing her to have physical relations with him. She denied doing the same. Eventually, the police registered an FIR based on these allegations.
• During the investigation, the victim switched sides and did not reiterate her initial allegations. Both sides said that they had made a compromise and settled the matter.

Prominent Arguments by the Advocates

• The Additional Advocate General contended that the High Court cannot quash FIR solely based on the compromise between the parties without considering the gravity and the seriousness of the offences alleged. The offences, in this case, are against the society at large and not restricted to the personal disputes between them.
• The petitioner’s counsel submitted that the compromise is without any pressure, duress or undue influence.

Opinion of the Bench

• Continuation of these proceedings will not suffice any fruitful purpose whatsoever.
• Although the offences are not compoundable under Section 320 CrPC, the Court is inclined to use the power under Section 482 CrPC to quash the FIR and all subsequent proceedings.

Final Decision

• The bench allowed the petition.