The High Court has the power to quash criminal proceedings based on compromise, considering the nature and gravity of the crime.

JUDGMENT

Arvind Singh Sangwan, J. (Oral). - CRM No.18471 of 2021

Prayer in this application is for preponing the date fixed in the main petition.

Heard.

For the reasons stated in the application, the same is allowed and the main case is taken up today for hearing.

CRM-M No.2823 of 2021 (O&M)

The petitioners have prayed for quashing of FIR No.0016 dated 09.05.2019 for offence punishable under Sections 323, 324, 341, 148, 149, 506 of the Indian Penal Code, 1860 (in short 'IPC') and crosscase registered vide G.D. No.21 dated 10.05.2019 under Sections 323, 324 IPC, at Police Station Pojewal, District S.B.S. Nagar and all other consequential proceedings arising therefrom, on the basis of the compromise effected between the parties.

Vide order dated 31.03.2021, the parties were directed to appear before the trial Court/Illaqa Magistrate to get their statements recorded with regard to genuineness of the compromise.

A report dated 29.04.2021 has been submitted by the Sub- Divisional Judicial Magistrate, Balachaur, wherein it has been reported that statements of the petitioners and respondent Nos.2 to 4 have been recorded and statements made by the parties in the Court reveal that they have voluntarily entered into a compromise and the Court is satisfied that the parties have amicably settled their dispute without any fear, pressure, threat or coercion and out of their free will.

Counsel for the petitioners has submitted that no other criminal case is pending between the parties and none of the petitioner has been declared as proclaimed offender.

Counsel for the State assisted with counsel for the respondents No.2 to 4 has not disputed the fact that the parties have arrived at a settlement with an intent to give burial to their differences.

I have heard counsel for the parties and perused the case file.

After perusing the report submitted by the trial Court, this Court is of the opinion that the matter has been amicably settled between the petitioners and respondent/victims, who have decided to bury their dispute and live in peace.

As per the Full Bench judgment of this Court in “Kulwinder Singh and others vs State of Punjab”, 2007 (3) RCR (Criminal) 1052, it is held that High Court has power under Section 482 Cr.P.C. to allow the compounding of non-compoundable offence and quash the prosecution where the High Court feel that the same was required to prevent the abuse of the process of law or otherwise to secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone.

Hon'ble the Apex Court in the case of “Gian Singh vs State of Punjab and another”, 2012 (4) RCR (Criminal) 543, has held 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 Corruptio