The court may quash criminal proceedings if a genuine and voluntary settlement exists between the parties, even for serious offences, to prevent abuse of process.

ORDER :

A five Judges Bench of the Punjab and Haryana High Court in Kulwinder Singh and Others v. State of Punjab and Another [(2007) 4 CTC 769], framed broad guidelines as regards quashment of the criminal proceedings under Section 482 of the Code in respect of offences which are not compoundable in terms of Section 320 of the Code. One among the guidelines was that the offences against human body, other than murder and culpable homicide, may be permitted to be compounded, when the court is in a position to record a finding that the settlement between the parties is voluntary and fair. These guidelines were quoted with approval by a three Judges Bench of the Hon'ble Supreme Court in . Similarly in Narinder Singh and Others v. State of Punjab [(2014) 6 SCC 466], the Hon'ble Supreme Court has gone to the extent of sanctioning invocation of the inherent power under section 482 of the Criminal Procedure Code to quash the F.I.R in a crime alleging offences under Section 307, which is a henious and serious offence. A practical approach is seen adopted by the Hon'ble Supreme Court in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] as regards quashment in respect of offences like 379, 406, 409, 418, etc., the relevant findings of which are extracted here below:

“6. We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.”

2. In the facts at hand, petitioner is the sole accused in Crime No.542 of 2020 of Valiyamala Police Station, Thiruvananthapuram, now pending as C.C.No.686 of 2020 before the Judicial First Class Magistrate-I, Nedumangad. As per the Final report, the offences alleged are under Sections 447, 354-A(1)(iii) and 506(ii) of the Indian Penal Code. The petitioner seeks quashment of the entire proceedings in the above Calendar Case, on the strength of the settlement arrived at by and between the parties.

3. Heard the learned counsel for the petitioner; learned counsel for the defacto complainant/2^nd respondent, and the learned Public Prosecutor. Perused the records.

4. When this Crl.M.C was moved, this Court directed to record the statement of the defacto complainant. The said direction was complied and the statement of the defacto complainant was handed over. On perusal of the same, it is clear that she is disinterested to prosecute the case, any further and that she has no objection in quashing the criminal proceedings against the petitioner. That apart, it is noticed that, along with this Crl.M.C, an affidavit has been sworn to by the defacto complainant (2^nd respondent herein) as Annexure-A3, wherein she would unequivocally state that the disputes have been settled and that she is not interested to pursue the prosecution case against the petitioner, any further. The defacto complainant would also swear that she has no objection in quashing the case against the petitioner and that the affidavit is sworn to on her own volition. This Court is therefore convinced that the settlement arrived at is genuine and bonafide. Learned counsel for the defacto complainant would also endorse that the quashment sought for can be allowed.

5. In the light of the above referred facts, this Court is of the opinion that the necessary parameters, as culled out in Narinder Singh (supra), Madan Mohan Abbot (supra) and Gian Singh (Supra), are fully satisfied. This court is convinced that further proceedings against the petitioner will be a futile exercise, inasmuch as the disputes have already been settled.