IMPORTANT POINT
Proceedings under Sections 307, 294 and 34 IPC r/w Sections 25 and 27, Arms Act cannot be quashed on the basis of compromise between the parties.

ORDER

1. Leave granted.

2. Heard learned counsel for the appellant and the respondents.

3. The appellant/State of Madhya Pradesh seeks to challenge the order of the High Court of Madhya Pradesh dated 25.6.2013 passed in Misc. Criminal Case No.4013/2013, in and by which the High Court in exercise of its powers under Section 482 Cr.P.C. by taking into account the stand of the de facto complainant, who was present before the Court, that she did not wish to prosecute the respondents herein as the disputes have been amicably settled between them, curiously proceeded to quash the FIR in Crime No.512/2012 registered at Police Station Thatipur, District Gwalior for offences under Sections 307, 294 and 34 IPC as well as the subsequent criminal proceedings being Criminal Case No.2602/2013 for the same offences pending before the Court. The High Court, however, made it clear that the proceedings pending against the private respondents herein in relation to the offences under Sections 25 and 27 of Arms Act were not quashed by the Court.

4. Therefore, the moot question that arises for consideration is whether based on out of Court settlement alleged to have been reached between the private parties, the offences of this nature falling under Sections 307, 294 and 34 IPC which are not covered by Section 320 Cr.P.C. can be taken note of and such orders of quashing of the proceedings can be passed in exercise of powers under Section 482 Cr.P.C.

5. The question is no longer res integra, inasmuch as the Three-Judge Bench of this Court in Gian Singh v. State of Punjab and another, reported in (2012) 10 SCC 303 which has been subsequently followed in a number of other decisions including the recent decision in State of M.P. v. Deepak and Others, reported in (2014) 10 SCC 285, clearly sets out as to in what circumstances and in what type of cases such exercise of inherent powers under Section 482 Cr.P.C. can be invoked de hors Section 320 Cr.P.C. for recognizing such out of Court settlement for the purpose of quashing of criminal proceedings.

6. The Three-Judge Bench decision in Gian Singh (supra) is an illuminating judgment on this issue. In paragraph 61 ultimately the position has been set out in clear terms as under:-

“61. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a 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 in accord 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 the criminal proceeding or complaint or F.I.R may be exercised where the offender and the victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim’s family and the offender have settled the dispute. Such offences are not private in nature and have a serious impact on society. Similarly, any compromise between the victim and the offender in relation to the offences under special statutes like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity, etc; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on a different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partne