The court can quash criminal proceedings if the victim and accused have settled the dispute amicably, even if the offence is not compoundable, in cases arising out of civil, mercantile, commercial, financial, partnership, matrimonial, or family disputes, where the wrong is basically to the victim.

JUDGMENT

Dharam Chand Chaudhary, J.( Oral) - Heard.

2. It is seen that initially a case was registered against the accused persons under Sections 341, 323, 147 and 149 of the Indian Penal Code, in Police Station Dehra, District Kangra, H.P., at the instance of complainant respondent No.2 Pritam Chand. However, during the course of investigation, a case under Section 325 of the Indian Penal Code was also found to be made out against them. Therefore, Challan Annexure P-1 was filed against them for the commission of offence punishable under Sections 341, 323, 325, 147 & 149 of the Indian Penal Code. The criminal case registered as case No.94-II/13 is pending disposal in the Court of learned Additional Chief Judicial Magistrate, Dehra, District Kangra, H.P. The prosecution evidence is not yet recorded in the said case and the same according to learned counsel is now listed for the purpose on 30.12.2017. The offence punishable under Sections 341 & 323 of the Indian Penal Code is compoundable under section 320(1) of the Code of Criminal Procedure, 1973. The offence punishable under Section 325 of the Indian Penal Code is also compoundable under section 320(2) of the Code of Criminal Procedure, 1973 with the permission of the Court. The offence punishable under Sections 147 & 149 of the Indian Penal Code, however, is not compoundable, hence, this petition.

3. The accused-petitioners and respondent No.2 complainant have settled all disputes amicably and as a result thereof respondent No.2-complainant is now no more interested to prosecute the criminal case against the accused-petitioners. They have, thus, approached to this Court for quashing of FIR and also the pending criminal proceedings. Their statements to this effect have been recorded separately.

4. As per the legal position well settled at this stage, even in a case where compounding of offence is not permissible the parties, viz the victim of an occurrence and the accused, if compromised the dispute between them in an amicable settlement may approach the High Court for quashing of FIR. The support in this regard can be drawn from the judgment of apex court in Gian Singh vs. State of Punjab and another, (2012) 10 SCC 303. The relevant text of this judgment reads as follows:-

"58. Where High Court quashes a criminal proceeding having regard to the fact that dispute between the offender and victim has been settled although offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is resorted; securing the ends of justice being the ultimate guiding factor. No doubt, crimes are acts which have harmful effect on the public and consist in wrong doing that seriously endangers and threatens well-being of society and it is not safe to leave the crime-doer only because he and the victim have settled the dispute amicably or that the victim has been paid compensation, yet certain crimes have been made compoundable in law, with or without permission of the Court. In respect of serious offence like murder, rape, dacoity etc; or other offences of mental depravity under IPC or offences of moral turpitude under special statutes, like Prevention of Corruption Act or the offences committed by public servants while working in that capacity, the settlement between offender and victim can have no legal sanction at all. However, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry etc. or the family dispute, where the wrong is basically to victim and the offender and victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable, the High Court may within the framework of its