2014 Supreme(Raj) 2000
RAJASTHAN HIGH COURT AT JAIPUR BENCH
M.N.Bhandari, J.
Rakesh Gupta - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc. Petition No. 4092 of 2014.
Decided On : 25-11-2014
For the Petitioner/s:Deshraj Kalwania, Advocate.
For the Respondent: R.R. Baisla, Public Prosecutor.
For the Complainant/s:Sameer Sharma, Advocate.
Headnote:Criminal Procedure Code, 1973 Section 482 Chit Fund and Money Circulation Scheme Prohibition Act, 1978, Sections 3 and 4-A petition against the proceedings was preferred, at the same time parties arrived at a settlement. But the offence was against the society hence such settlement can not nullify the proceedings. As a result the petition was not considered.
"58. Where High Court quashes a criminal proceeding having regard to the fact that dispute between the offender and victim has been settled although affiances are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. No doubt, crimes are acts which have harmful effect on the public and consist in wrong doing that seriously endangers and threatens well-being of society and it is not safe to leave the crime doer only because he and the victim have settled the dispute amicably or that the victim has been paid compensation, yet certain crimes have been made compoundable in law, with or without permission of the Court. In respect of serious offences like murder, rape dacoity, etc; or other offences of mental depravity under IPC or offences of moral turpitude under special statutes, like Prevention of Corruption Act or the offences committed by Public servants while working in that capacity, the settlement between offender and victim can have no legal sanction at all. However, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc.