The main legal point established in the judgment is the wide and unfettered inherent powers of the High Court under Section 482 of the Code of Criminal Procedure, emphasizing the importance of securing the ends of justice and encouraging genuine settlements of disputes.

JUDGMENT

Chander Bhusan Barowalia, J. - The present petition, under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code"), is maintained by the petitioners for quashing of F.I.R No. 0061, dated 03.05.2016, under Sections 406, 420 and 120-B of the Indian Penal Code, registered at Police Station Bhoranj, District Hamirpur, H.P., alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court.

2. Briefly stating the facts, giving rise to the present petition are that petitioner No. 1, being the Director of Alchemia ADS & Media Private Limited, had engaged respondent No. 2/complainant (hereinafter to be called as "the complainant") as Franchise Holder of the said company for the purpose of advertisement of various products/programmes. The dispute arose between the parties, when the petitioners issued cheque to the complainant and on presentation, the same was bounced. Accordingly, FIR, dated 03.05.2016, under Sections 406, 420 and 120-B of the Indian Penal Code, came to be registered against the petitioners. However, now the parties have entered into a compromise (Annexure P-2) 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 P-2), no purpose will be served by keeping the proceedings against the petitioners, hence the FIR, alongwith consequent proceedings, arising out of the same, pending before the learned trial Court may be quashed and set aside.

4. On the other hand, learned Additional Advocate General has argued that the present petition is devoid of any merits, so the same deserves be dismissed.

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

6. 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 circumstances of each case whether to exercise or not such a power.

[15] In view of the above discussion, we hold that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 of the Code does not limit or affect the powers under Section 482 of the Code.

7. Their Lords