The High Court can quash non-compoundable offences under Section 482 when the parties amicably settle their dispute and continuation of proceedings would cause extreme injustice.

JUDGMENT

Sudhir Kumar Jain, J.

1. The present petition is filed under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), for quashing of FIR bearing no. 0361/2018 registered at P.S. Kalyanpuri, Delhi registered under sections 376/313 of the Indian Penal Code, 1860 (hereinafter referred to as "the IPC") and under section 6 Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the Act").

2. The perusal of FIR bearing no.0361/2018 dated 19.07.2018 reflects that it was got registered on basis of the complaint made by the respondent no.2 pertaining to allegations as stated in FIR i.e. the petitioner had established sexual relations with her and caused abortion when the respondent no 2 got pregnant. The charge-sheet was filed after conclusion of investigation and the trial is stated to be pending in the court of Sh. Ravinder Singh, Additional Sessions Judge, Special Court (FTC), North-East, New Delhi.

3. It is stated in the petition that the petitioner and the respondent no.2 has solemnized their marriage in Arya Samaj Mandir, Yamuna Bazaar, Delhi -110006 on 10.05.2019 and are leading happy married life. The counsel for the petitioner after referring contents as mentioned in the petition argued that the present FIR bearing no. 0361/2018 along with consequential proceedings be quashed. The respondent no.2 also stated that the petitioner no 1 had established physical relations with her consent and she had already got married with the petitioner no.1 out of her free will and at present she is leading happy married life with the petitioner no.1. The respondent no.2 also stated that she does not have any objection if the present petition is allowed and the FIR bearing no. 0361/2018 along with consequential proceedings is quashed.

4. The Additional Public Prosecutor for the respondent No.1/State stated that the respondent no.2 was minor at the time of alleged incident and the offences for which the charge sheet has filed against the petitioner are non-compoundable and as such the present petition cannot be allowed.

5. Section 320 of the Code deals with compounding of offences. As per sub section (1) certain specified offences can be compounded without leave/permission of the court and as per sub section (2) certain specified offences can be compounded with leave/permission of the court. Section 482 saves the inherent power of the High Court and reads as follows:

Section. 482. Saving of inherent power of High Court.- Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

6. The Supreme Court in various decisions considered issues whether High Court in exercise of its inherent powers under section 482 of the Code can quash criminal proceedings/ FIR/ complaint and section 320 of the Code does not limit or affect the powers under section 482of the Code. The Supreme Court in Dharampal and others V Ramshri (Smt.) and others, 1993 Cri.L.J. 1049 observed that the inherent powers under section 482 of the Code cannot be utilized for exercising powers which are expressly barred by the Code. The Supreme Court in Arun Shankar Shukla V State of Uttar Pradesh and others, AIR 1999 SC 2554 held as under:

...It is true that Under Section 482 of the Code, the High Court has inherent powers to make such orders as may be necessary to give effect to any order under the Code or to prevent the abuse of process of any court or otherwise to secure the ends of justice. But the expressions "abuse of the process of law" or "to secure the ends of justice" do not confer unlimited jurisdiction on the High Court and the alleged abuse of the process of law or the ends of justice could only be secured in accordance with law including procedural law and not otherwise. Further, inh