The central legal point established in the judgment is the exercise of inherent power under Section 482 of the Code of Criminal Procedure to quash criminal proceedings based on a compromise, considering the nature and gravity of the crime and the advice to apply a commonsense approach in matters of compromise in criminal proceedings.

JUDGMENT

Vivek Singh Thakur, J. - This petition has been preferred under Section 482 Cr.P.C. for quashing of FIR No. 0015, dated 12.02.2019 registered under Sections 279, 337 and 338 of Indian Penal Code (hereinafter in short 'IPC') at Police Station Bharari, District Bilaspur HP and quashing of proceedings initiated in pursuant thereto pending in the concerned Court.

2. Respondent No.2 Rajeev is complainant, who is present in Court today and vide separate statement on oath, he has stated that he is complainant in the present case and on the day of incident, he was travelling along with petitioner, respondents No. 3 and 4 and other persons to attend the marriage function of his nephew (Bhanja) Razak and petitioner had overtaken a car, but, immediately, thereafter their car met with an accident causing injuries to occupants of car particularly respondents No. 3 and 4 but he did not receive any injury. He has further stated that at that time, it was reported to police that accident had taken place on account of rash and negligent driving of petitioner, however, later on they recollected the events and discussed the matter with other occupants of car and passers-by and thereafter, they have realized that accident had not taken place on account of rash and negligent driving of petitioner, but, for the reason that shaft of car was broken causing the accident and now he is of the considered view that accident did not take place on account of rash and negligent driving of petitioner and therefore, he has compromised the matter with petitioner out of his free will, consent and also without any kind of threat, coercion or pressure etc.

3. The petitioner along with other occupants of car i.e. respondents No. 3 and 4, who had received the injuries in accident, are also present in Court and vide their separate statements, they have endorsed the statement of complainant as true and correct and stated that they have entered into compromise out of their free will, consent and also without any kind of threat, coercion or pressure etc.

4. Quashing of FIR in present petition has been prayed on the basis of compromise arrived at between the parties and said compromise has been placed on record, which is duly signed by parties. All of them have endorsed the compromise.

5. In reply, filed on behalf of respondent/State, it is contended that accused is not entitled to invoke inherent jurisdiction of this Court to exercise its power on the basis of compromise arrived at between the parties with respect to an offence not compoundable under Section 320 Cr.P.C.

6. Three Judges Bench of the Apex Court in Gian Singh Vs. State of Punjab and Ors., (2012) 10 SCC 303, explaining that High Court has inherent power under Section 482 of the Code of Criminal Procedure with no statutory limitation including Section 320 Cr.PC, has held that these powers are to be exercised to secure the ends of justice or to prevent abuse of process of any Court and these powers can be exercised to quash criminal proceedings or complaint or FIR in appropriate cases where offender and victim have settled their dispute and for that purpose no definite category of offence can be prescribed. However, it is also observed that Courts must have due regard to nature and gravity of the crime and criminal proceedings in heinous and serious offences or offence like murder, rape and dacoity etc. should not be quashed despite victim or victim family have settled the dispute with offender. Jurisdiction vested in High Court under Section 482 Cr.PC is held to be exercisable for quashing criminal proceedings in cases having overwhelming and predominatingly civil flavour particularly offences arising from commercial, financial, mercantile, civil partnership, or such like transactions, or even offences arising out of matrimony relating to dowry etc., family disputes or other such disputes where wrong is basically private or personal nature where parties mutually resolve their dispute amicably. It was also