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 importance of evaluating the nature and gravity of the offence in determining whether a complaint or First Information Report should be quashed on the ground that the offender and victim have settled the dispute.

JUDGMENT

Avneesh Jhingan, J. (Oral). - Due to COVID-19 situation. -, the Court is convened through video conference.

2. On the basis of compromise quashing of Rapat No. 25 dated 20.7.2016 in FIR No. 49 dated 20.7.2016 under Sections 325, 34 IPC, 1860, registered at Police Station Jaurkian Mansa, District Mansa and also the FIR No. 49 dated 20.7.2016 and all the subsequent proceedings arising therefrom is sought in the present petitions.

3. Brief facts are that there are cross versions of an incident occurred on 20.7.2016 which started with a road side accident. In the accident vehicle of both the parties were involved. The incident turned ugly and injuries inflicted. On cooling down of tamper and on prevailing of better sense, the parties compromised the issue.

4. On 2.8.2021 and 16.8.2021 the parties were directed to appear before the trial Court for getting their statements recorded and State was granted time to file a reply.

5. A report dated 6.9.2021 is received from the Sub Divisional Judicial Magistrate, Sardulgarh stating that compromise is genuine, without any pressure or coercion. It is further stated that none of the parties, as on date, is Proclaimed Offender.

6. As per the facts, the root cause of the entire litigation was having a civil tenor, as it was dispute with regard to inheritance of land and with regard to Will. 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 noncompoundable 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 theimmediate 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