The main legal point established in the judgment is the court's discretion to quash criminal proceedings based on settlement, while ensuring the ends of justice and considering the nature of the dispute.

ORDER

CRL.M.A. 24904/2022 (for exemption)

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(CRL) 2859/2022

3. The present petition is filed for quashing of FIR 0257/2018 filed under Sections 279/337/304A Indian Penal Code (IPC), at Police Station Jahangir Puri. The FIR was registered on a complaint filed by one Rohtash Singh, who is arrayed as Respondent No. 2 in the present petition. The charge sheet has already been filed on 30.10.2018.

4. It is alleged that on the unfortunate night of 07.06.2018, Respondent No. 2 along with the deceased, Sanjeev Kumar, met with an accident. It is alleged that the accident was caused by the car driven by the petitioner. Sanjeev Kumar expired during the treatment and Respondent No. 2 sustained injuries.

5. The FIR was registered on a complaint given by Respondent No. 2.

6. It is submitted that the family of the deceased has been compensated for a sum of Rs.28,50,000/- by the National Lok Adalat in a case which was filed against the Insurance Company. The copy of the award has also been annexed with the petition as Annexure P/3.

7. It is submitted that on 17.11.2022, the matter has been settled with the intervention of the respectable members of the society between respondent nos. 2 to 5 and the petitioner. The copy of the Settlement/Agreement dated 17.11.2022 is also annexed as "Annexure P-4".

8. Parties claim to have entered into the agreement voluntarily, on their own free will and without any pressure, coercion, undue influence or duress of any nature.

9. The parties are present and have been duly identified by the IO, they state that the matter has been settled between the parties and they do not have any objection if the proceedings are quashed. Inspector Bhupesh Kumar, IO in the present case also states that he has no objection if the proceedings are quashed.

10. Offences under Sections 279/304A Indian Penal Code are non-compoundable whereas offence under Section 337 of IPC is compoundable.

11. It is well settled that the High Court while exercising powers under Section 482, Cr.P.C, can compound offences which are non-compoundable under Cr.P.C on the ground that there is a compromise between the accused and the complainant. The Hon'ble Apex Court has laid down parameters and guidelines for High Courts exercising jurisdiction under Section 482 for quashing of proceedings on the ground of settlement. In Narinder Singh & Ors. V. State of Punjab & Anr. reported as (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.

12. While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives.

29.3. Such a power is not to be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and h