The court can quash criminal proceedings based on a settlement agreement between the offender and the victim, considering the nature and gravity of the crime, its impact on society, and the possibility of conviction.

SURESH KAIT, J.

1. Vide the present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR No.476/ 2014 registered at Police Station Nihal Vihar, Delhi, for the offence punishable under Section 308/34 IPC and the consequential proceedings emanating therefrom against them.

2. Learned counsel appearing on behalf of the petitioners submits that in the incident dated 20.07.2014 both the parties received injuries. Consequently, cross FIR No.475/2014 was also registered at the aforesaid Police Station. Meanwhile, both the parties have amicably settled their disputes qua both the aforesaid FIRs vide settlement dated 16.09.2015.

3. Respondent Nos. 1 & 2 are personally present in the Court with their counsel and have been duly identified by the Investigating Officer of the case. Learned counsel for the aforesaid respondents, on instructions, submits that he does not dispute the submissions made by learned counsel for the petitioner and submits that the respondents No.1 & 2 do not wish to pursue this case further against the petitioners and do not have any objection if the present petition is allowed.

4. Learned Additional Public Prosecutor appearing on behalf of the State submits that after investigation chargesheet has been filed and the case is pending for prosecution evidence. Since the respondents 1 & 2 do not wish to pursue this case further against the petitioners, therefore, the State has no objection if the present petition is allowed.

5. Undisputedly, offence punishable under Section 308 IPC is not compoundable, however, considering the facts and circumstances of the case and in exercise of the inherent powers under Section 482 of the Code of Criminal Procedure, 1973, this Court has power to accept the compromise.

6. Under the circumstances and looking to the decision of the Supreme Court in the case of Gian Singh Vs. State of Punjab and Another (2012) 10 SCC 303, wherein the Apex Court 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; by observing as under:-

“61....... 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 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 serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like 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 favour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the