The court affirmed the inherent power of the High Court to quash criminal proceedings based on settlement between parties in non-compoundable cases, to prevent abuse of process and secure the ends of justice.

JUDGMENT

Ashok Kumar Verma, J. (Oral) - The petitioners have filed the present petition under Section 482 of the Cr.P.C. for quashing of FIR No.172 dated 16.11.2017 registered under Sections 11 of the Prohibition of Child Marriage Act, 2006 and Section 129B of the IPC, at Police Station Fatehgarh Sahib, District Fatehgarh Sahib, (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise dated 25.11.2017 (Annexures P-2) effected between the private parties.

2. Pursuant to order dated 29.09.2022 passed by this Court, the private parties appeared before learned Judicial Magistrate Ist Class, Fatehgarh Sahib, to get their statements recorded. Learned Judicial Magistrate Ist Class, Fatehgarh Sahib, submitted her report dated 15.12.2022 along with photostat copies of statements of the parties, which is taken on record.

3. It is now well settled that the High Court has inherent power to quash the criminal proceedings in non-compoundable cases on the basis of settlement between the parties for securing the ends of justice or to prevent abuse of the process where the possibility of conviction is remote and bleak and continuation of the criminal case would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case. Criminal cases having overwhelmingly and predominantly civil character particularly those arising out of commercial transaction or arising out of matrimonial relationship or family dispute can be quashed when the parties have resolved their entire dispute among themselves. However, such power cannot be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape dacoity, etc. which are not private in nature and have a serious impact on society. Similarly, prosecution for offences alleged to have been committed under special enactments like the Prevention of Corruption Act or the offences committed by public servant while working in that capacity cannot be quashed on the basis of compromise between the victim and the offender. For judicial precedents in this regard, reference may be made to Gian Singh Vs. State of Punjab and another : 2012(4) RCR Criminal) 543, Narinder Singh Vs. State of Punjab (Supreme Court) : 2014 (2) RCR (Criminal) 482, State of Madhya Pradesh Vs. Laxmi Narayan and others (Supreme Court) : 2019 (2) RCR (Criminal) 255 and Kulwinder Singh and others Vs. State of Punjab and others (Punjab and Haryana High Court) : 2007 (3) RCR (Criminal) 1052.

4. According to the reports, learned Judicial Magistrate Ist Class, Fatehgarh Sahib, is satisfied that compromise effected between the parties is voluntary, genuine and without any pressure or coercion.

5. Considering the report dated 29.09.2022 of learned Judicial Magistrate Ist Class, Fatehgarh Sahib, and the fact that the compromise will bring peace and harmony between the parties, aforesaid FIR No.172 dated 16.11.2017 registered under Sections 11 of the Prohibition of Child Marriage Act, 2006 and Section 129-B of the IPC, and all subsequent proceedings arising therefrom, are quashed, qua the petitioners only.

6. Disposed of, accordingly.