The court's power to quash criminal proceedings under Section 482 should be sparingly and cautiously exercised, considering the nature of the offences, the possibility of conviction, and the timing of the settlement.

Sudershan Kumar Misra, J. (Oral):

1. This petition has been moved under Section 482 of the Code of Criminal Procedure, 1973, praying for quashing of FIR No. 54/2001 registered under Section 380/448/34 IPC at Police Station Krishna Nagar, on the ground that the petitioner, as well as the complainant, who is arrayed as the second respondent in this matter, have arrived at an amicable settlement as recorded in the compromise deed dated 07.06.2014 executed by the parties. A photocopy of the said compromise deed has also been annexed to this petition.

2. Issue notice.

3. Counsel for the State, as well as counsel for the second respondent/complainant, enter appearance and accept notice. He states that the chargesheet in the matter has been filed, and that the trial is pending.

4. Both the petitioner and the second respondent are also present in person. They are also identified by their respective counsel. Proof of identity of the parties have also been annexed to the petition.

5. The complainant, Ramesh Bhasin, also states that he does not wish to pursue the matter any further, since he has amicably settled the same. Both parties also state that the matter has arisen out of some misunderstanding and that they would like to now give a quietus to the matter.

6. Counsel for the State also submits that looking to the overall facts and circumstances that have emerged in the matter, and also since the complainant himself is not interested in supporting the prosecution, no useful purpose would be served in continuing with the same, especially since the chances of conviction are now remote.

7. Looking to the decisions of the Supreme Court in in Gian Singh v. State of Punjab, (2012) 10 SCC 303, which has referred to a number of matters for the proposition that even a non-compoundable offence can also be quashed on the ground of a settlement agreement between the offender and the victim, if the circumstances so warrant; and also Narinder Singh and Ors. v. State of Punjab and Anr. 2014(2) Crimes 67 (SC) where the Supreme Court held as follows:-

“29. In view of the aforesaid discussion, we sum up and lay down the following principles by which the High Court 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 with direction to continue with the criminal proceedings:

29.1 Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution.

29.2 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 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 On the other hand, those criminal cases having overwhelmingly and pre-dominantly civil character, particularly those arising out of commercial transactions or a