The Court can exercise inherent powers under Section 482 of the Code of Criminal Procedure to accept a compromise and quash criminal proceedings, especially in cases with civil flavor or arising from family disputes, if it deems continuation of proceedings to be futile and justice demands resolution.

SURESH KAIT, J.

Crl.M.A.5549/2016 (for exemption)

Exemptions allowed, subject to all just exceptions.

Accordingly, the application is allowed.

CRL.M.C. No.1290/2016

1. Vide the present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioner seeks quashing of Kalandra under Section 5/180 of the MV Act filed against her during the proceedings of FIR No.283/2015 registered at Police Station Preet Vihar, Delhi for the offences punishable under Sections 279/304A of the IPC and the consequential proceedings emanating therefrom against her.

2. Learned counsel appearing on behalf of the petitioner submits that the aforesaid case was registered against minor son of petitioner on account of road traffic accident dated 31.03.2015 in which one Kishan Chand Sapra died. As son of petitioner was a minor at the time of accident, petitioner has also been prosecuted and a Kalandra under Section 5/180 of the MV Act has been filed against her which is pending before learned Metropolitan Magistrate. Meanwhile, the respondents No.2 to 5 being the legal heirs of deceased have amicably settled their disputes with the petitioner vide memorandum of understanding dated 01.02.2016 for a total sum of Rs.7,50,000/-, which amount has already been paid to respondent No.2 vide draft bearing No.579409 dated 25.01.2016 drawn on Bank of India in her favour.

3. Respondents No.2 to 5 are personally present in the Court through learned counsel above named and have been duly identified by the Investigating Officer of the case. Learned counsel for respondent Nos.2 to 5 does not dispute the statement made by learned counsel for petitioners and submits that matter has been settled between the parties and agreed amount has also been received by respondent No.2 from petitioners. The main offences punishable under Sections 279/304A of the IPC has already been quashed vide Crl.M.C.No.1299/2016. Further submit that the matter has been settled with the petitioners, thus, they do not wish to pursue this case further and have no objection if the present petition is allowed.

4. Learned Additional Public Prosecutor appearing on behalf of the State submits that Kalandra has been filed by the police against petitioner before learned Metropolitan Magistrate. Since the parties have amicably settled the matter qua the substantial offence and the respondent No.2 to 5, being the legal heirs of deceased do not wish to pursue the case against the petitioner, therefore, looking to the overall circumstances, no useful purpose will be served in continuing the proceedings. Thus, the State has no objection if the present petition is allowed.

5. Undisputedly, offence punishable under Section 5/180 of the MV Act is non-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. This issue has been decided by the Constitution Bench of the Supreme Court in the case titled as Gian Singh Vs. State of Punjab and Another (2012) 2 SCC (L&S) 998 wherein held as under:-

“58. ....However, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or the family dispute, where the wrong is basically to the victim and the offender and the victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable, the High Court may within the framework of its inherent power, quash the criminal proceeding or criminal complaint or FIR if it is satisfied that on the face of such settlement, there is hardly any likelihood of the offender being convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated.”

6.