IMPORTANT POINT
In case of serious allegations, power u/s 482 CrPC should not be exercised.

ORDER :

1. Leave granted.

2. Heard learned counsel for the parties.

3. The State of Madhya Pradesh has come up in the appeal questioning the order passed by the High Court of Madhya Pradesh Bench at Gwalior in M.Cr.C. No. 7448 of 2015 filed under Section 482 Code of Criminal Procedure, 1973 (in short 'the Cr.P.C.') quashing the criminal prosecution which was initiated by the respondents of commission of offence under Sections 420, 467 and 468 of the Indian Penal Code, 1860 (in short 'the IPC'). The offences were not compoundable. The accused-Sandeep preferred a petition in which it was stated by the complainant that he did not wish to pursue the prosecution further. Consequently, the High Court has relied upon the decision of this Court in Narinder Singh & Ors. v. State of Punjab & Ors. [(2014) 6 SCC 466] and has quashed the prosecution on the ground that there is no possibility of any conviction or else it may lead to failure of justice. Consequently the FIR has been quashed aggrieved thereby the State has come up in the appeal.

4. Having heard learned counsel for the parties at length, we are of the considered opinion that the High Court should not have quashed the criminal prosecution considering the nature of the allegation levelled against the accused. As the offence was quite serious one and the FIR discloses that the accused had impersonated as the Major of the Army putting on fake uniform of Major and moving in the vehicle having red light and offered job in Assam Rifles and cheated a sum of Rs. 7,40,000/- (Rupees seven lakh forty thousand only) and issued fake appointment order. In the backdrop of the aforesaid facts, the offence came to be registered. It was however submitted by the learned counsel appearing on behalf of the accused that since the complainant has repudiated the aforesaid allegation the High Court was justified in quashing the FIR.

5. We are of the considered opinion that considering the nature of the allegation and considering the law laid down by this Court in State of Maharashtra v. Vikram Anantrai Doshi & Ors. [(2014)15 SCC 29] the impugned order is not sustainable. The relevant portion of the said decision is extracted hereunder:

"18. Recently, in Narinder Singh v. State of Punjab [(2014)6 SCC 466] a two-Judge Bench placed reliance on Gian Singh's case (supra) and Dimpy Gujral v. Union Territory, Chandigarh and distinguished the decision in State of Rajasthan v. Sambhu Kevat, and came to hold that in the facts of the said case the proceedings under Section 307 deserved to be quashed. The two-Judge Bench laid down certain guidelines by which the High Courts would be guided in giving adequate treatment to the settlement between the parties and exercising its power under Section 482 of the Code while accepting the settlement and quashing the proceedings or refusing to accept the settlement. Some of the guidelines which are relevant for the present purpose are reproduced below :-

"29.2(II) When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure:

(i) ends of justice, or

(ii) to prevent abuse of the process of any court.

While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives.

29.3 (III) Such a power is not be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. Similarly, for offences alleged to have been committed under special statute like the Prevention of Corruption Act or the offences committed by Public Servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender.

29.4(IV) On the other, those criminal cases having overwhelmingly and pre-dominantly civil character, particularly those arising out of commercial tran