Point of Law: Criminal Law – Quash of Criminal proceedings - 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.

JUDGMENT :

SUBRAMONIUM PRASAD, J.

1. The present petition under Section 482 of the Code of Criminal Procedure (Cr.P.C.) has been filed for quashing FIR No. 50/2020 dated 26.03.2020, registered in Police Station Chandni Mahal, Delhi, for offence under Section 307 IPC.

2. On a complaint of respondent No. 2, FIR No. 50/2020 has been registered. In the complaint it is stated that the complainant resides at H. No. 536, Gali Hakim Ji, Choori Walan, Jama Masjid, Delhi. It is stated that on 26.03.2020 at about 11:00 AM his neighbour Furkan called him and asked him to deliver some items to his house. It is stated that on the way to the house of Furkan the complainant/respondent No. 2 met the accused who was arguing with his mother. It is stated that when the petitioner asked the accused not to argue with his mother, the accused started abusing the complainant and started fighting with him. It is stated that the accused slapped the complainant and when people gathered there the accused threatened the complainant and went towards his house. It is alleged that about 11.30/12.30 the accused stabbed the complainant on the stomach. The records indicate that the complainant was taken to L.N. Hospital. In the MLC the doctor has recorded the present case to be one of physical assault near home address at around 12.00 PM on 26.03.2020, stab injury in the abdomen. Charge-sheet has been filed against the complainant. The charge-sheet states that the complainant has suffered grievous injuries. The accused/petitioner has been released on bail on 27.04.2020.

3. This petition has been filed on the ground that after the intervention of the parents and the well-wishers the parties have stated to settle their disputes. A settlement deed dated 26.10.2020 (Annexure P-2) has been filed.

4. It is well settled that the High Court has the power to quash FIR/complaint on the basis of a compromise arrived at between the parties while exercising its jurisdiction under Section 482 Cr.P.C. The Supreme Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303 observed as under:

“61. The position that emerges from the above discussion can be summarised thus: 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.

(ii) to prevent abuse of the process of any court.

In what cases power to quash the criminal proceeding or complaint or FIR may be exercised where the offender and the 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 a serious impact on society. Similarly, any compromise between the victim and the offender in relation to the offences under special statutes like the 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 flavour stand on a 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 family disputes where the wrong is basically private or personal in nat