The power of the High Court to quash criminal proceedings in exercise of its inherent jurisdiction must consider the nature and gravity of the crime, the impact on society, and the possibility of conviction, especially in cases with a predominantly civil flavor or private nature where a compromise between the offender and victim makes the possibility of conviction remote and bleak.

JUDGMENT

1. This criminal misc. petition under Section 482 Cr.P.C. has been preferred for quashing of the criminal proceedings pending against the petitioner before the court of Metropolitan Magistrate, Jodhpur Metropolitan in Criminal Regular Case No.9777/2020 arising out of FIR No.56/2020 dt. 21.03.2020 registered at Police Station Sadar Bazar, Jodhpur City East for offence under Sections 354(k), 354(gh), 384, 506 IPC and Sections 66E, 67, 67A I.T. (Amendment) Act, 2008. Learned Magistrate vide order dated 08.02.2021 while partly allowing the application filed by the parties refused to compound the offence under Section 354(k), 354(gh), 384 IPC and Section 67, 67A I.T. (Amendment) Act, 2008.

2. Learned counsel for the petitioner has argued that the complainant-respondent No.2 and the petitioner have already entered into compromise and on the basis of it, there is no possibility of conviction of the petitioner for the offences punishable under Sections 354(k), 354(gh), 384 IPC and Section 67, 67A I.T. (Amendment) Act, 2008. It is also argued that no useful purpose would be served by continuing the trial against the petitioner for the aforesaid offences because the same may derail the compromise arrived at between the parties.

3. Learned counsel for the respondent No.2 has admitted that the parties have already entered into compromise and resolved their dispute amicably and the respondent No.2 does not want to press the charges levelled against the petitioner in relation to offences punishable under Sections 354(k), 354(gh), 384 IPC and Section 67, 67A I.T. (Amendment) Act, 2008.

4. The Hon'ble Apex Court while answering a reference in the case of Gian Singh Vs. State of Punjab & Anr. reported in JT 2012(9) SC - 426 has held as below:-

"57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppressio