The High Court may quash criminal proceedings when parties reach an amicable settlement in personal disputes that do not affect public peace, exercising inherent powers under Section 528.

Order :

FARJAND ALI, J

1. The instant criminal misc. Petition has been filed under Section 528 BNSS (Old 482 Cr.PC) for quashing of proceedings in Original Criminal Case No.50/2021 pending in the Court of Judicial Magistrate, Sri Ganganagar arising out of FIR No.77/2019 registered at Police Station Mahila Thana, District Sri Ganganagar for the offences under Sections 406, 498-A and 323 of IPC.

2. It is submitted by learned counsel for the petitioner that the dispute in between the parties has been resolved through an amicable settlement and now, there remains no controversy in between them and the parties do not wish to continue the criminal proceedings further.

3. It is also submitted by learned counsel for the petitioner that the learned trial Court has attested the compromise for the offence under Sections 406 and 323 of IPC but has not attested the compromise for the offence under Section 498-A of IPC and kept the proceeding pending by it. It is submitted that as the parties have entered into compromise, there remains no controversy in between them and the parties do not wish to continue the criminal proceedings further.

4. Learned Public Prosecutor has opposed the petition.

5. Learned counsel appearing for complainant-respondent admits the fact of compromise and submits that he is willing if the proceedings are quashed on the basis of compromise entered in between the parties.

6. Heard, perused the material available on record more particularly the police report, nature of allegation and the compromise deed executed in between the parties. The parties to the lis have resolved their dispute amicably and do not wish to continue the criminal proceedings and have jointly prayed for quashing of the same by filing a joint application before the trial court. Some of the offences alleged in this matter are non- compoundable, however, Hon’ble Supreme Court in the case of Gian Singh Vs. State of Punjab [(2012) 10 SCC 303] has propounded that if it is convinced that offences are entirely personal in nature and do not affect the public peace or tranquility and where it feels that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice, the High Court should not hesitate to quash the same by exercising the inherent powers vested in it. It is observed that in such cases, the prosecution becomes a lame prosecution and pursuing such a lame prosecution would be a waste of time and energy that will also unsettle the compromise and obstruct restoration of peace. This court is aptly guided by the principles propounded by Hon’ble the Supreme Court and feels that where the dispute is essentially inter se between the parties, either they are relatives, neighbours or having business relationship and which does not affect the society at large, then in such cases, with a view to maintain harmonious relationships between the two sides, to end-up the dispute in between them permanently as well as for restitution of relationship, the High Court should exercise its inherent power to quash the FIR and all other subsequent proceedings initiated thereto.

7. Here in this case, the parties have settled the dispute amicably and that is essentially in between the parties which is not affecting public peace and tranquility, therefore, with a view to maintain the harmony and to resolve the dispute finally in between the parties, it is deemed appropriate to quash the criminal proceedings mentioned above.

8. Accordingly, the criminal miscellaneous Petition is allowed and the further proceedings of Original Criminal Case No.50/2021 pending in the Court of Judicial Magistrate, Sri Ganganagar are hereby quashed and set aside. The accused are acquitted from the charge and their bail bonds are discharged.

9. Stay petition stands disposed of.