IMPORTANT POINT
High Court can compound non-compoundable offences in exercise of its inherent power.

ORDER

D. Ramesh, J.—The petitioners are alleged to be accused in Crime No.95/2021 of Vedullapalli police station for the offences under section 417, 420, 506 r/w 34 IPC,on the complaint given by the 2nd respondent alleging that the 1st petitioner on the promise of marriage had sexual intercourse with the 2nd respondent and later cheated her and denied to marry, then the 2nd respondent gave a complaint to the Vedullapalli police, Guntur District who in turn registered the same as a case in Cr.No.95/2021 for the above said offences against the petitioner and 4 others. Aggrieved by the same, the petitioners approached this court to quash the proceedings, under section 482 of Criminal Procedure Code, 1973.

2. After issuing notice, on 22.02.2022, in view of the joint memo filed by both the parties stating that they have entered into a compromise and seeking permission to compound the offence and to quash the proceeding initiated against the petitioners in the above said crime number, this Court directed for appearance of both the parties and the Station House Officer of Vedullapalli Police Station or any responsible Officer from the said Police Station to identify the parties, on 02.3.2022.

3. As directed by this Court, today i.e. on 02.3.2022 both the parties present in person and the Station House Officer, Vedullapalli Police Station appeared before this Court, the identity of the parties has been verified. The defacto complainant i.e. 2nd respondent submitted that the complaint dated 06.10.2021 was lodged with a misunderstanding with regard to the money transaction, now she is no more interested to proceed with the matter.

4. Heard learned counsel appearing for the petitioners/accused as well as learned counsel appearing for the 2nd respondent and learned Assistant Public Prosecutor for respondent No.1-state.

5. The learned counsel for the petitioners submitted that there was a misunderstanding in relation to the money transaction and the parties having arrived at compromise, the defacto complainant not desires to proceed with the complaint and in view of the settlement, a joint memo has been filed, thereby sought for quashing of the F.I.R. against the petitioners, in the above said crime.

6. Learned counsel further relied upon the observations of the Hon’ble Apex Court, in Gian Singh Vs. State of Punjab and Another, (2012) 10 Supreme Court Cases 303, while adjudicating the inherent power of the High Court under section 482 of Criminal Procedure Code, 1973 [for short Cr.P.C.] in quashing the criminal proceedings against an offender, who has settled his dispute with the victim of the crime, but the crime in which he is allegedly involved is not compoundable under section 320 Cr.P.C., it was observed that—

“In a very recent judgment decided by this Court in the month of July, 2012 in Jayrajsinh Digvijaysinh Rana v. State of Gujarat, (2012) 12 SCC 401, this Court was again concerned with the question of quashment of an FIR alleging offences punishable under Sections 467, 468, 471, 420 and 120-B IPC. The High Court refused to quash the criminal case under Section 482 of the Code. The question for consideration was that inasmuch as all those offences, except Section 420 IPC, were non-compoundable offences under Section 320 of the Code, whether it would be possible to quash the FIR by the High Court under Section 482 of the Code or by this Court under Article 136 of the Constitution of India. The Bench elaborately considered the decision of this Court in Shiji V. Radhika, (2011) 10 SCC 705: (2012) 1 SCC (Cri) 101 and by invoking Article 142 of the Constitution quashed the criminal proceedings. It was held as under:- (Jayrajsinh’ case, SCC paras-13-15):—

“13. In the light of the principles mentioned above, inasmuch as Respondent No. 2 - the Complainant has filed an affidavit highlighting the stand taken by the appellant (Accused No. 3) during the pendency of the appeal before this Court and the terms of settlement as stated in t