The Court has the inherent power to quash criminal proceedings, even for non-compoundable offences, based on a settlement agreement between the offender and the victim, guided by the ends of justice and prevention of abuse of the court's process.

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. 01/2016 registered at Police Station Vikas Puri, New Delhi, for the offences punishable under Sections 279/304A IPC and under Sections 146/199 of the MV Act and the consequential proceedings emanating therefrom against them.

2. Learned counsel appearing on behalf of the petitioner submits that the aforesaid FIR was initially registered under Sections 279/337 IPC. Thereafter, the police added Section 304A IPC as the injured, namely, Tara Singh Bisht, husband of respondent No.2, was succumbed to the injuries. Moreover, the police filed the Detailed Accident Report (DAR), whereby a Kalandara under Sections 146/196 M.V. Act was filed against the petitioner No.2. Thereafter, the petitioners and the respondent No.2, widow of late Sh.Tara Singh Bisht, entered into a Memorandum of Understanding (MoU) dated 17.01.2016 whereby the petitioners agreed to pay an amount of Rs.32,00,000/- (Thirty Two Lakhs) as compensation. Pursuant to the said settlement, total amount has been paid in favour of the respondent No.2, thus, she does not want to pursue this case further against the petitioners.

3. Respondent No.2 is personally present in the Court who has been duly identified by the Investigating Officer of the case. The respondent No.2 does not dispute the submissions made by learned counsel for the petitioners and submits that the matter has been settled with the petitioners and she has received the agreed amount, thus, she does not wish to pursue this case further against the petitioners.

4. Learned Additional Public Prosecutor appearing on behalf of the State submits that the case is at the initial stage of investigation as chargesheet is not yet filed against the petitioners. Since the respondent No.2/complainant does 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 Sections 279/304A 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