The court can exercise its power to quash criminal proceedings based on a settlement between the parties, considering factors such as the nature of the offense and the public interest.

JUDGMENT

Subramonium Prasad, J. - This petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as "the Code") has been filed for quashing FIR No.312/2020 dated 25.08.2020, under Sections 297, 337 IPC registered at Police Station Lajpat Nagar.

2. The respondent No.2 is the complainant. The allegation in the FIR is that on 21.08.2020, at about 7:30 P.M the complainant/respondent No.2 was hit by a black colour Mercedes Benz, bearing No. DL4CNA2796, which was being driven by the petitioner. The complainant states that he was taken to the AIMS Trauma.

3. The FIR was registered on the statement of the complainant. The MLC report says that the complainant/respondent No.2 was hit in an accident and that he suffered grievous injuries. The investigation revealed that the car was owned by Mr. Gulinder Singh/petitioner No.2. The investigation also revealed that the car was being driven by the petitioner herein.

4. The petitioner No.1 was arrested and was released on bail. The investigation revealed that the petitioner No.1 did not have a valid driving license, further the car was also not insured. Charge-sheet under Section 279/338 IPC read with Sections 3/181, 146/196 has been prepared and submitted to the court for trial.

5. The present petition has been filed on the ground that the complainant and the accused have amicably settled the dispute. The compromise deed dated 20.10.2020, has been filed along with the paperbook. It is stated in the compromise deed that the complainant has been paid a sum of Rs.35,000/-. The complainant has also filed an affidavit (page 49 of the paperbook) stating that he has settled the matter with the accused and seeks indulgence of this court in quashing FIR No.312/2020 dated 25.08.2020, registered at Police Station Lajpat Nagar.

6. The offences under Section 279 and 338 IPC are non-compoundable offences but the offence under Sections 3/181, 146/196 of the Motor Vehicles Act, 1988 are compoundable under Section 200 of the Motor Vehicles Act, 1988. Section 200 of the Motor Vehicles Act provides that offence under Section 181 and 196, either before or after the institution of the prosecution, can be compounded by such officers or authorities and for such amount as the State Government may, by notification in the Official Gazette, specify in this behalf.

7. It is well settled that the High Court in exercising its powers under Section 482 Cr.P.C can compound offences which are non-compoundable under the Code on the ground that there is a compromise between the accused and the complainant, however, the Supreme Court has laid down parameters and guidelines for High Court while accepting settlement and quashing the proceedings. In Narinder Singh & Ors v. State of Punjab & Anr, (2014) 6 SCC 466, the Supreme Court has observed as under:

"29. In view of the aforesaid discussion, we sum up and lay down the following principles by which the High Court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under Section 482 of the Code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings:

29.1. 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.

29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure:

(i) ends of justice, or

(ii) to prevent abuse of the process of any court. While exercising the power the High Court is to form an opinion on