The main legal point established in the judgment is that the court has inherent power under Section 482 of the Code of Criminal Procedure to quash criminal proceedings, even in non-compoundable cases, but must exercise this power sparingly and with great caution, considering the nature and gravity of the offence and the impact on the accused.

SANDEEP SHARMA, J.

1. By way of instant petition filed under Section 482 of the Code of Criminal Procedure, prayer has been made on behalf of the petitioner for quashing of FIR No.124 of 2015, dated 15.10.2015, under Section 354 of Indian Penal Code (for short ‘IPC’), registered at Police Station, Gagret, District Una, H.P.,and consequential proceedings in Criminal Case No.57 of 2016, pending adjudication before the learned Judicial Magistrate, 1st Class, Court No.2, Amb, District Una, H.P.

2. Mr. Dheeraj K. Vashisht, learned counsel representing the petitioner-accused, while inviting attention of this Court to compromise (Annexure P-3), contended that both the parties have compromised the matter between themselves and as such, they want to live peacefully in future and maintain cordial relation with each other. Mr. Vashisht, further contended that since parties have arrived into an amicable settlement, without there being any pressure or influence on the complainant, the instant matter may be ordered to be compounded.

3. This Court with a view to ascertain the correctness and genuineness of the submissions having been made by the learned counsel for petitioner-accused as well as compromise placed on record also recorded statement of complainant Smt. Saroj Kumari, who is present in Court. Complainant stated on oath that she has settled the matter with the petitioner-accused and she has no objection in case the FIR No.124 of 2015, dated 15.10.2015 registered under Sections 354 IPC as well as consequent proceedings in Criminal Case No.57 of 2016 pending adjudication before the learned Judicial Magistrate, 1st Class, Court No.2, Amb, District Una, H.P. against the petitioner- accused are quashed and set-aside. Her statement is taken on record.

4. I have heard learned counsel for the parties and gone through the record.

5. This Court, after having carefully perused the compromise, which has been duly effected between the parties, sees substantial force in the prayer having been made by the learned counsel for the petitioner-accused that offence in the instant case can be ordered to be compounded.

6. Since the petition has been filed under Section 482 Cr.P.C, this Court deems it fit to consider the present petition in the light of the judgment passed by Hon’ble Apex Court in Narinder Singh and others versus State of Punjab and another, (2014) 6 SCC 466, whereby Hon’ble Apex Court has formulated guidelines for accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings. Perusal of judgment referred above clearly depicts that in para 29.1, Hon’ble Apex Court has returned the findings that 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 as under:-

29. In view of the aforesaid discussion, we sum up and lay down the following principles by which the High Court would be guided in giving adequate treatment to the settlement between the parties and exercising its power 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:

29.1Power 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