The court may quash proceedings in heinous crimes if evidence shows remote chances of conviction and both parties consent to compromise.

COMMON ORDER :

K. SREENIVASA REDDY, J.

This Criminal Petition, under Section 482 Cr.P.C., has been filed on behalf of the petitioner herein/Accused No.1, to quash the FIR No.769 of 2020 of Machavaram Police Station, Vijayawada, Krishna District registered for the offences punishable under Sections 417, 376 (2) (n), 506 read with 109 IPC.

2. Today, when the matter is taken up, petitioner herein/Accused No.1 and 2^nd respondent herein are present before this Court. They produced their respective aadhar cards in proof of their identity. Learned counsel for the petitioner and the learned counsel for 2^nd respondent have identified both the parties in the open Court. This Court has questioned 2^nd respondent herein/de facto complainant with regard to compromise and she categorically stated to that extent that she has voluntarily entered into compromise with the petitioner herein/ Accused No.1. This Court is satisfied with the identification of the parties and voluntariness in arriving at the compromise. In view of the compromise between the parties, the chances of conviction are remote and bleak.

3. In a decision in Kapil Gupta v. State of NCT of Delhi & another, [(2022) 8 Supreme 341.] the Hon’ble Apex Court held thus:

“12. No doubt that the learned ASG is right in relying on various judgments of this Court which reiterate the legal position that in heinous and serious offences like murder or rape, the Court should not quash the proceedings. It will be relevant to refer to paragraph 29.5 to 29.7 of the judgment of this Court in the case of Narender Singh v. State of Punjab, (2022) 8 Supreme 341 which read thus:

“29.5 While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases.

29.6 Offences under Section 307 IPC would fall in the category of heinous and serious offences and therefore are to be generally treated as crime against the society and not against the individual alone. However, the High Court would not rest its decision merely because there is a mention of Section 307 IPC in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of Section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to proving the charge under Section 307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delegate parts of the body, nature of weapons used etc. Medical report in respect of injuries suffered by the victim can generally be the guiding factor. On the basis of this prima facie analysis, the High Court can examine as to whether there is a strong possibility of conviction or the chances of conviction are remote and bleak. In the former case it can refuse to accept the settlement and quash the criminal proceedings whereas in the latter case it would be permissible for the High Court to accept the plea compounding the offence based on complete settlement between the parties. At this stage, the Court can also be swayed by the fact that the settlement between the parties is going to result in harmony between them which may improve their future relationship.

29.7 While deciding whether to exercise its power under Section 482 of the Code or not, timings of settlement play a crucial role. Those cases where the settlement is arrived at immediately after the alleged commission of offence and the matter is still under investigation, the High Court may be liberal in accepting the settlement to quash the criminal proceedings/investigation. It is because of the reason that at this stage the investigation is still on and even the charge-sheet has not been filed. Likewise, those cases where the charge is fr