The High Court has inherent powers under Section 482 Cr.P.C. to quash criminal proceedings, even in cases involving non-compoundable offences, in the event of a compromise between the parties, where the offences are predominantly civil in nature, the possibility of conviction is remote, and the continuation of the proceedings would result in abuse of the process of the Court.

1. - Accused-petitioners have preferred this misc. petition under Section 482 Cr.P.C., for quashing FIR No.315/2016 dated 26.08.2016 of Police Station Naya Sahar, District Bikaner. In the impugned FIR, besides petitioners, other incumbents are also attributed offences punishable under Sections 307, 452, 354, 382, 323, 341, 436, 427, 147, 148, 149 IPC and Section 27 of the Arms Act.

2. Challenge is laid to the FIR on various grounds including the ground that it is based on absolutely false, frivolous and concocted facts. It is also pleaded in the petition that a bare reading of FIR makes it abundantly clear that happening of such an incident is highly improbable. In totality, the petitioners have submitted that continuing proceedings in the matter would result in abuse of the process of the Court.

3. At the threshold, notices were issued to the respondent-complainant and by order dated 20th of September, 2016, after hearing learned counsel for the parties, limited indulgence was granted to the petitioners. The petitioners were asked to join investigation, but for restricting coercive action against petitioner No.4 only.

4. Learned counsel for the petitioners, at the outset, submits that investigation in the matter is still going on and, in the interregnum, petitioners have sorted out their dispute with the complainant and a written compromise is also submitted before the Investigating Officer on 3rd of October, 2016 and, in view of compromise, now it is not desirable to allow investigation to continue. Substantiating the plea of compromise, learned counsel has also placed on record written compromise.

5. Learned Public Prosecutor has submitted a factual report in the matter and as per factual report, prima facie offences are made out against the petitioners. He, therefore, submits that it is not a fit case wherein FIR can be quashed. Learned counsel for the complainant, while agreeing with the submissions of learned counsel for the petitioners, has urged that it was a private dispute and now the dispute has been settled between the parties and compromise has been arrived at and therefore, the complainant is not interested to pursue prosecution against the petitioners.

6. I have heard learned counsel for the petitioners, learned Public Prosecutor as well as learned counsel for the complainant and perused the materials available on record. I have also gone through the entire case diary of the case, which is submitted by learned Public Prosecutor.

7. While it is true that offences attributed to the accused-petitioners are serious but then a very vital fact cannot be overlooked by this Court that initially there was a private dispute between the parties and subsequently parties have sorted out their dispute for arriving at the compromise. One more redeeming fact is that so far prosecution has not been launched inasmuch as investigation has not been completed. A very significant fact that complainant is now not inclined to prosecute the petitioners is also borne out from the compromise. That apart, in substance, the recitals of the compromise also indicate that complainant has completely absolved the petitioners from all the charges. The recitals of the compromise submitted before the Investigating Officer in vernacular reads as under:-

"1 ;g fd izkFkhZ lR;ukjk;.k us Fkkuk iqfyl u;k'kgj esa izFke lwpuk fjiksVZ ntZ djokbZ gS fd eSa vius ifjokj ds lkFk vius ?kj ij Fkk tc 1&xksdqy nkl M+kxk fuoklh dydrk ,oa f'ko dqekj M+kxk] lat; M+kxk] 'kkafr M+kxk] c`teksgu M+kxk] fuoklh dksydrk ds dgus ij 1&jktk O;kl] 2&tfd'ku fo'uksbz] 3&x.ks'k eksgu] 4&pUnz eksgu csfld Ldwy okys] 5&eksgu 'kekZ] 6&'kadj csfld dk Vhpj] 7& fot; HkkVh] 8&Hkwnso ikjhd] 9&fd'kksj ikjhd] 10&fQjkst [kka] 11&/kujkt iaokj] 12&pUnz eksgu tks'kh] 13&es?kjkt iq= vkseizdk'k] 14&vkse izdk'k eksykfu;k NSP dkayst okyk ,oa csfld Ldwy dk LVkQ lfgr yxHkx 150 O;fDr tcjnLrh esjs ?kj esa ?kql x;s ftuds reUpk] /kjnkj gfFk;kjksa lfgr ?kj esa ?kqldj efgykvksa ds lkeus Qk;fjax dh xbZ] [kw