The power to quash criminal proceedings should be exercised sparingly and with caution, especially for heinous and serious offences, while considering the nature of the offence, the impact on society, and the settlement between the parties.

JUDGMENT

Subramonium Prasad, J. - Crl.M.A.51050/2021(Exemption)

Allowed, subject to all just exceptions.

CRL.M.C.1015/2021

1. This petition filed under Section 482 Cr.P.C. is for quashing FIR No.185/2020 registered in Police Station Prasad Nagar for offences punishable under Sections 328, 376 and 506 IPC on the ground that the prosecutrix and the petitioners have compromised the matter.

2. The facts as stated in the petition are that the prosecutrix and the petitioner were having friendly relations as the they were working in the same Factory and living in Delhi and the prosecutrix was a widow lady as her first husband had already expired. It is alleged that the prosecutrix and the petitioner become friends and fell in love with each other and both started residing together and intend to marry. It is alleged that the petitioner had physical relationship with the prosecutrix. It is alleged that for two years both were living in same house like husband and wife. It is alleged that the petitioner went to his native village and did not contact the prosecutrix, which created a doubt in the mind of the prosecutrix that the petitioner has committed fraud on her, as a result of which, she lodged a complaint with Police Station Prasad Nagar. The instant FIR was registered on 03.07.2020. It is stated that when the petitioner came back to Delhi and came to know about the registration of the FIR. He told all the facts to the prosecutrix and the reasons he could not contact her. The prosecutrix and the petitioner have resolved their all disputes and they solemnized their marriage on 01.10.2s020, according to Hindu Rites and ceremonies. The petitioner prays for quashing of the FIR on the ground that the prosecutrix and the petitioner have got married.

3. It is well settled that the power under Section 482 Cr.PC is to be distinguished from the powers which lies with the Court to compound the offences compoundable under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has the power to quash even in those offences which are not compoundable, where the parties have settled the matter between themselves, but the power has to be exercised fairly and with caution. Offence of rape is a heinous crime punishable under Section 376 IPC.

4. The Supreme Court in Gian Singh v. 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, or

(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 predominatingly civil flavour stand on a differe