Advocates:
Advocate Appeared:
For the Appellant :Mr. Ravi Singh, Advocate
For the Respondent:Mr. Chetan Sharma, DAG, Haryana; Mr. Himanshu Garg, Advocate for Mr. Sourav K. Manchanda, Advocate

JUDGMENT :

Sandeep Moudgil, J.

This is a petition under Section 482 Cr.P.C. for quashing of FIR No.299, dated 08.07.2020, under Sections 323, 324, 452, 506 IPC (Section 307/120-B IPC and Section 25/54/59 of Arms Act added later on), registered at Police Station Namaund, District Hansi, with all subsequent proceedings arising therefrom, on the basis of compromise dated 13.03.2024 (Annexure P-5).

2. During the pendency of the dispute, the parties have compromised the matter and filed the present petition for quashing of FIR.

3. Vide order dated 15.04.2024, parties were directed to appear before the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the compromise was called for.

4. The report dated 26.04.2024 has been received from Sessions Judge, Hisar stating that the parties have entered into a compromise voluntarily without any pressure, threat or coercion.

5. Learned counsel for the respondents No.2 and 3 submits that they have no objection to the quashing of present FIR.

6. Though the parties have entered into a compromise, the moot question for examination by this Court is still to consider as to whether the instant FIR be quashed, which involves the offence under Section 307 IPC as well since it is non-compoundable as per Section 320 of the Cr.P.C., 1973.

7. The Larger Bench of the Hon'ble Supreme Court in 'State of Madhya Pradesh versus Laxmi Narayan and others', 2019 (5) SCC 688, considering such eventualities after examining catena of decisions on the issue and summarizing the propositions as under :-

"(1) Section 482 CrPC, 1973 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.

(2) 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 CrPC, 1973. The power to quash under Section 482 is attracted even if the offence is non- compoundable.

(3) In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power.

(4) While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised (i) to secure the ends of justice, or (ii) to prevent an abuse of the process of any court.

(5) the decision as to whether a complaint or first information report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulate.

(6) In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such ca es is founded on the overriding element of public interest in punishing persons for serious offences.

(7) As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing insofar as the exercise of the inherent power to quash is concerned.

(8) Criminal cases involving offences which arise from commercial, f