The court may quash criminal proceedings based on a compromise between parties, even for non-compoundable offences, if it serves the ends of justice.

ORDER :

GANESH RAM MEENA, J.

1. The present criminal misc. petition has been filed by the petitioner under Section 528 of BNSS for quashing of FIR No. 91/2006 registered on 18.09.2006 at Police Station Ropangarh, District Ajmer for offences punishable u/S 147, 365, 342, 323 & 427 IPC and all consequential proceedings.

2. Learned counsel for the petitioner as well as learned counsel appearing for the complainant submit that a compromise has arrived at between the parties and they have submitted an application before the Court of learned Judicial Magistrate First Class, Kishangarh on 28.01.2025 to attest the compromise. However, the learned trial Court attested the compromise as regards the offences u/S 342, 323, 325, 427 IPC and rejected the same as regards the offence u/S 147 & 324 IPC observing that the trial is pending.

3. Heard.

4. The parties, after removing their bad blood, have entered into a compromise and they have submitted an application before the Court of learned Judicial Magistrate First Class, Kishangarh on 28.01.2025 to attest the compromise, wherein the complainant party has stated that they do not want any further proceedings in the matter.

5. The learned trial Court vide order dated 28.01.2025 attested the compromise as regards the offence u/S 342, 323, 325, 427 IPC, however, denied to attest the compromise for the offence u/S 147 & 324 IPC as the same is not compoundable.

6. A bare perusal of the material on record shows that the dispute between the parties has amicably been settled by them.

7. The Hon'ble Apex Court in the case of Gian Singh Vs. State of Punjab (2012) 10 SCC 303 has observed as follows:-

“57. Quashing of offence or criminal proceedings on the ground of settlement between an offender and victim is not the same thing as compounding of offence. They are different and not interchangeable. Strictly speaking, the power of compounding of offences given to a court under Section 320 is materially different from the quashing of criminal proceedings by the High Court in exercise of its inherent jurisdiction. In compounding of offences, power of a criminal court is circumscribed by the provisions contained in Section 320 and the court is guided solely and squarely thereby while, on the other hand, the formation of opinion by the High Court for quashing a criminal offence or criminal proceeding or criminal complaint is guided by the material on record as to whether the ends of justice would justify such exercise of power although the ultimate consequence may be acquittal or dismissal of indictment.

58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences 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 wrongdoing that seriously endangers and threatens the well-being of the 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 the 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 the Prevention of Corruption Act or the offences committed by public servants while working in that capacity, the settlement between the offender and the 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 th