The inherent powers of the High Court under Section 482 can be used to quash criminal proceedings to meet the ends of justice, especially when the parties have settled the dispute amicably.

CHANDER BHUSAN BAROWALIA, J.

1. The present petition, under Section 482 of the Code of Criminal Procedure (hereinafter to be called as “the Code”), has been maintained by the petitioners for quashing of Criminal Case No. 88/2016, under Sections 341, 323, 147, 149, 504 and 382 of the Indian Penal Code, pending before the learned trial Court, on the basis of compromise arrived at between the parties.

2. Briefly stating the facts, giving rise to the present petition are that on 04.01.2016, respondent No. 2 was going from Hoshiarpur to Kullu, at around 11:45 p.m., when he reached at Saloni, he saw two cars on each side of the road, in which 5-6 persons were sitting and when he was about to pass these cars, two persons stepped out of the car and asked respondent No. 2 to stop the car, they also demanded money from respondent No. 2. Feeling threatened, respondent No. 2 ran away from the spot, however at around 12:05 a.m., when respondent No. 2 reached Bhota, the car bearing No. HP-21B-9211 (Skoda) overtook him and stopped right in front of him. Thereafter the persons sitting in the said car allegedly caused physical hurt to respondent No. 2 and stole money from his car, as well as from his purse. Accordingly, FIR, under Sections 341, 323, 147, 149, 504 and 382 of the Indian Penal Code, came to be registered against the petitioners. However, now the parties have entered into a compromise (Annexure PB) and they do not want to pursue the case against each other. Hence the present petition.

3. Learned counsel for the petitioners has argued that as the parties have compromised the matter, vide Compromise Deed (Annexure PB), no purpose will be served by keeping the proceedings against the petitioners, hence the proceedings pending before the learned trial Court may be quashed and set aside.

4. Learned counsel appearing on behalf of respondent No. 2 has argued that the present petition may be allowed, in view of the compromise arrived at between the parties.

5. On the other hand, learned Additional Advocate General has argued that the present petition be dismissed.

6. To appreciate the arguments of learned counsel appearing on behalf of the parties, I have gone through the entire records in detail.

7. Their Lordships of the Hon’ble Supreme Court B.S. Joshi and others vs. State of Haryana and another, (2003) 4 SCC 675, have held that if for the purpose of securing the ends of justice, quashing of FIR becomes necessary, section 320 would not be a bar to the exercise of power of quashing. It is well settled that the powers under section 482 have no limits. Of course, where there is more power, it becomes necessary to exercise utmost care and caution while invoking such powers. Their Lordships have held as under:

[6] In Pepsi Food Ltd. and another v. Special Judicial Magistrate and others ((1998) 5 SCC 749), this Court with reference to Bhajan Lal's case observed that the guidelines laid therein as to where the Court will exercise jurisdiction under Section 482 of the Code could not be inflexible or laying rigid formulae to be followed by the Courts. Exercise of such power would depend upon the facts and circumstances of each case but with the sole purpose to prevent abuse of the process of any Court or otherwise to secure the ends of justice. It is well settled that these powers have no limits. Of course, where there is more power, it becomes necessary to exercise utmost care and caution while invoking such powers.

[8] It is, thus, clear that Madhu Limaye's case does not lay down any general proposition limiting power of quashing the criminal proceedings or FIR or complaint as vested in Section 482 of the Code or extraordinary power under Article 226 of the Constitution of India. We are, therefore, of the view that if for the purpose of securing the ends of justice, quashing of FIR becomes necessary, Section 320 would not be a bar to the exercise of power of quashing. It is, however, a different matter depending upon the facts and circumstan