The court can invoke its power under section 482 Cr.P.C to quash criminal proceedings based on a compromise, even if the section is non-compoundable, considering the voluntary nature of the compromise and the personal nature of the dispute.

JUDGMENT :

1. This petition has been filed for quashing of order dated 14.03.2019 passed by the learned Additional Sessions Judge-I Garhwa by which cognizance has been taken and the entire criminal proceeding arising out of Complaint Case No.69/2018, pending in the court of learned Additional Sessions Judge-I, Garhwa.

2. The case was instituted on the complaint filed by the O.P.No.2 against the sole accused who is the petitioner in this case alleging that forcibly the petitioner has entered in the house of the O.P.No.2 and he has assaulted and molested.

3. Mr. Pankaj Shrivastava, the learned counsel appearing for the petitioner submits that now the good sense has been prevailed between the parties and they have entered into compromise. He submits that the compromise petition has been filed in the concerned court contained in Annexure-3.

4. Mr. Binod Kumar, the learned counsel appearing for the O.P.No.2 accepts the submission of Mr. Pankaj Srivastava, the learned counsel appearing for the petitioner. He also contend that by way of Annexure-3 to the petition the compromise has been entered between the petitioner and the O.P.No.2.

5. On perusal of the Annexure-3 it appears that a petition has been filed in the concerned court and it has been disclosed therein that O.P.No.2 does not want to proceed against the petitioner. Recently, the Hon’ble Supreme Court has considered the case relating to section 3 of the Prevention of Atrocities (Scheduled Caste and Scheduled Tribes) Act, 1989 and in the case of Ramgopal & Anr. v. The State of Madhya Pradesh in Cr.Appeal No.1489 of 2012 along with Criminal Appeal No.1488 of 2012 the compromise has been considered and it is held that the High Court under section 482 Cr.P.C. or vested in this Court under Article 142 of the Constitute, can be invoked beyond the metes and bounds of section 320 Cr.P.C. Paragraph no.19 of the said judgment is quoted hereinbelow :

“19. We thus sum-up and hold that as opposed to Section 320 Cr.P.C. where the Court is squarely guided by the compromise between the parties in respect of offences ‘compoundable’ within the statutory framework, the extraordinary power enjoined upon a High Court under Section 482 Cr.P.C. or vested in this Court under Article 142 of the Constitution, can be invoked beyond the metes and bounds of Section 320 Cr.P.C. Nonetheless, we reiterate that such powers of wide amplitude ought to be exercised carefully in the context of quashing criminal proceedings, bearing in mind: (i) Nature and effect of the offence on the conscious of the society; (ii) Seriousness of the injury, if any; (iii) Voluntary nature of compromise between the accused and the victim; & (iv) Conduct of the accused persons, prior to and after the occurrence of the purported offence and/or other relevant considerations.”

6. It is well settled that if the compromise has been entered between the parties and there is no societal interest is there, the High Court can exercise power under section 482 Cr.P.C, even if the section is non-compoundable.

7. In view of the aforesaid compromise at Annexure-3 to the petition, this Court is inclined to invoke power under section 482 Cr.P.C.

8. As such, the entire criminal proceeding in connection with Complaint Case No.69/2018, pending in the court of learned Additional Sessions Judge-I, Garhwa is hereby quashed for the reasons that must be the occurrence involved in this petition can be categorized as purely personal or having overtones of criminal proceeding of private nature, secondly, the nature of complaint is with regard to certain dispute and thirdly, the cause of administration of criminal justice system would remain unaffected on acceptance of the amicable settlement between the parties.

9. For the above reasons, analysis and in view of the statement made in Annexure-3 to the petition, the entire criminal proceeding arising out of Complaint Case No.69/2018, pending in the court of learned Additional Sessions Judge-I, Garhwa is hereby quashe