The High Court can quash criminal proceedings based on private compromise when the nature of the offences is such that continuation would lead to oppression or injustice, particularly in civil-centered disputes.

ORDER :

1. This criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing the FIR No. 169/2023 registered at Police Station Pratap Nagar Sadar, Jodhpur City West for the offence under Sections 323 , 341, 364 & 308 of IPC and entire criminal proceedings pursuant thereto against the petitioners, on the basis of compromise arrived at between the parties.

2. Learned counsel for the petitioners has submitted that the complainant-respondent No. 2 and the petitioners have already entered into compromise and on the basis of it, there is no possibility of conviction of the petitioners for the offences punishable under Sections 323 , 341, 364 & 308 of IPC. It is also argued that no useful purpose would be served by continuing the trial against the petitioners 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 petitioners in relation to offences punishable under Sections 323 , 341, 364 & 308 of IPC.

4. I have considered the arguments advanced before me and perused the material available on record.

5. The Hon'ble Apex Court while answering a reference in the case of Gian Singh v. 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 accordance 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-dominating 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 co