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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANJEEV PRAKASH SHARMA, ACJ
Dinesh S/o Sukha Ram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Both the counsels appearing for the accused as well as for the complainant, who were present before the trial Court and whose compromise has been duly attested, submit that merely because the offences under Section 498 -A read with Section 320 of the IPC are not compoundable, the learned trial Court has refused to accept the compromise. In Gian Singh Vs. State of Punjab & Anr. (2012) 10 SCC 303 Hon’ble Apex Court has held that, apart from cases, wherein there are allegations of a serious nature, a compromise ought to be accepted by the Court and has observed as under:-
“...61. 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 crimina
Compromise in non-compoundable matrimonial offences can be accepted to prevent injustice if the parties resolve their disputes, considering the nature of the offences.
Offences under Section 307 IPC are serious and heinous, lacking the possibility of being quashed based on private compromise. Hence, societal interest in prosecuting such crimes prevails.
High Court quashed abetment proceedings on victim-husband compromise after main rapist accused died, as conviction remote, parties harmonious, invoking Section 482 CrPC sparingly for non-compoundable....
High Court can quash non-compoundable FIRs under Section 482 when parties reach amicable settlements, preserving justice and avoiding abuse of process.
The court ruled that serious offences under IPC, such as Section 307, cannot be quashed based on compromise, emphasizing the distinction between quashing and compounding offences.
Inherent powers under Section 482 Cr.P.C. can quash proceedings based on valid compromise, provided it serves justice and prevents abuse of process, especially for non-heinous offences.
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