The main legal point established is that the court may quash criminal proceedings based on a settlement between the parties, considering the nature of the alleged offences and the impact on the involved parties.

Sanjay Karol, J.

This petition under Section 482 of the Code of Criminal Procedure (for short ‘Code’) has been preferred by the petitioner for quashing FIR No. 19/14 dated 23.4.2014, registered with Police Station, Chopal, District Shimla, H.P., under the provisions of Sections 363, 366-A, 354(D) and 120B of the Indian Penal Code and criminal proceedings pending before learned Special Judge (POCSO), Shimla, in Case No. 26-S/7 of 2017, titled as State of H.P. vs. Sarvesh Kumar alias Sonu.

2. It is alleged by the complainant that on 23.4.2014, at about 3.00 PM, his adopted daughter got missing and he filed a report. On the basis of this report, present FIR came to be registered against the present petitioner. Thereafter, in the month of August, 2016, petitioner and performa respondent alongwith two minor children came back to the house of complainant (father of performa respondent).

3. This petition stood filed on the premise that the matter now stands compromised between the present petitioner and the complainant (father of performa respondent).

4. When the matter came up before this Court on 21.5.2018, notice of the petition was issued to performa respondent.

5. Today, the case was taken up for further consideration. Learned counsel for the petitioner states that now the matter stands compromised between the parties. As there is cordial relation between petitioner and performa respondent and they have also two minor children, the complainant (father of performa respondent) do not want to pursue the criminal case against the petitioner any more. Also, the performa respondent has got recorded her statement under Section 161 Cr.P.C. on 4.8.2016, in which she has deposed that she is living happily with her husband and she on her own had married to him.

6. That this is not such a case wherein the offences for which the petitioner has been charged can be stricto sensu held to be the offences against the State. Even otherwise, once performa respondent has got recorded her statement in the aforesaid terms, the possibility of conviction is remote and bleak and the continuation of the criminal case against the petitioner would put him to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case.

7. In Narinder Singh & Ors. v. State of Punjab & Anr. JT 2014 (4) SC 573 the Hon’ble Supreme Court after summing up the legal position has laid down the following guidelines for the High Court in giving adequate treatment to the settlement between the parties and exercising its powers under Section 482 of the Code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings, which reads thus:-

“(I) Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution.

(II) When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure:

(i) ends of justice, or

(ii) to prevent abuse of the process of any Court.

While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives.

(III) Such a power is not be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. Similarly, for offences alleged to have been committed under special statute like the Prevention of Corruption Act or the offences committed by Public Servants while working