The power to quash a criminal proceeding based on a compromise depends on the nature and gravity of the crime, and the impact on society. Serious offences cannot be fittingly quashed, but offences with a predominantly civil nature may be quashed if the possibility of conviction is remote and bleak due to the compromise.

JUDGMENT

Lalit Batra, J. (Oral). - Case has been taken up for hearing through Video Conferencing.

This is a petition under Section 482 Cr.P.C. for quashing of FIR No.142 dated 04.09.2012 under Sections 148, 323, 324 and 452 IPC read with Section 149 IPC, registered at Police Station Morinda, District Rupnagar and all subsequent proceedings arising therefrom, on the basis of compromise deed dated 01.05.2021 (Annexure P/2) arrived at between the parties.

Learned counsel for the parties have stated that the present FIR may be quashed as the parties have amicably settled the dispute.

During the course of preliminary hearing, the trial Court was directed to record the statements of all the concerned parties, with regard to the genuineness and validity or otherwise of the compromise by this Court.

In compliance thereof, report from Additional Chief Judicial Magistrate, Rupnagar, through District and Sessions Judge, Rupnagar has been received with statements of parties, in which, it has been mentioned that the compromise is genuine and there was no undue influence or coercion from any side.

The Hon'ble Full Bench of this Court in case Kulwinder Singh Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052 and Hon'ble Division Bench of this Court in case Sube Singh and another Vs. State of Haryana and another, 2013(4) RCR (Criminal) 102 observed that compounding of offence can be allowed even after conviction, during proceedings of the appeal against conviction pending in Sessions Court and in case of involving non-compoundable offence.

An identical question came to be decided by Hon'ble Supreme Court in case Gian Singh Versus State of Punjab and another, 2012(4) RCR (Criminal) 543. Having interpreted the relevant provisions, it was ruled as under:-

“57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R. may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime.

Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and pre- dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not qua