The wide ambit of the inherent power of the High Court to prevent an abuse of the process of any court or to secure the ends of justice, and the distinction between serious offences and criminal cases with a civil dispute element.

JUDGMENT :

AVNEESH JHINGAN, J.

1. This petition is filed for quashing of FIR No. 303, dated 6th August, 2020 under Sections 406, 420, 506, 370, 384 (Section 385 added later on) of the Indian Penal Code, 1860 and Section 24 of the Emigration Act, 1983, registered at Police Station Pundri, District Kaithal and all subsequent proceedings arising therefrom.

2. Om Pal made a complaint that was duped by the petitioner of R10,00,000/- approximately, on the promise of sending of his son to America. The petitioner neither returned his money nor was able to send his son to America. Rather his son when sent to Mexico he was kept in camp and thereafter jailed in Georgia for one year.

3. The matter was compromised between the parties on 11th January, 2021, hence the present petition for quashing was filed.

4. On 15th January, 2021, the parties were directed to appear before the trial Court for getting their statement recorded.

5. A report dated 10th March, 2021 is received from the Judicial Magistrate First Class, Kaithal stating that compromise is genuine. It is further stated that accused, as on date, is not a Proclaimed Offender.

6. Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, has held:-

“The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C. which can affect the inherent power of this Court under Section 482. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in non-compoundable offences notwithstanding the bar under Section 320 of the Cr.P.C., in order to prevent the abuse of law and to secure the ends of justice.

The power under Section 482 of the Cr.P.C. is to be exercised Ex-Debitia Justitia to prevent an abuse of process of Court. There can neither be an exhaustive list nor the defined para-meters to enable a High Court to invoke or exercise its inherent powers. It will always depend upon the facts and circumstances of each case. The power under Section 482 of the Cr.P.C. has no limits. However, the High Court will exercise it sparingly and with utmost care and caution. The exercise of power has to be with circumspection and restraint. The Court is a vital and an extra-ordinary effective instrument to maintain and control social order. The Courts play role of paramount importance in achieving peace, harmony and ever-lasting congeniality in society. Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of a Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery.”

7. The Supreme Court in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujarat and another, 2017 AIR (SC) 4843 has expounded principles governing the exercise of powers under Section 482 of Cr.P.C. The relevant portion is reproduced as under:-

“15. The broad principles which emerge from the precedents on the subject, may be summarised in the following propositions :

(i) Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court;

(ii) The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-compoundable.

(iii) In forming an opinion whether a criminal pro