The power of the High Court to quash criminal proceedings or FIR in exercise of its inherent jurisdiction is distinct from the power given to a criminal court for compounding the offences under Section 320 of the Code.

U.C. Dhyani, J.

1. All the accused-appellants were convicted and sentenced to undergo rigorous imprisonment for 6 months alongwith a fine of Rs. 500/- each under Section 323 IPC read with Section 34 IPC; 6 rigorous imprisonment for 6 months alongwith a fine of Rs. 1000/- each under Section 324 IPC read with Section 34 IPC and rigorous imprisonment for 2 years alongwith a fine of Rs. 2000/- each under Section 325 read with Section 34 IPC, vide judgment and order dated 08.07.2013 passed by 1st Additional Sessions Judge, Udham Singh Nagar in Sessions Trial no. 92 of 2008. It was directed that all the sentences shall run concurrently. The accused-appellants were, however, exonerated of the charge under Section 307 IPC read with Section 34 IPC.

2. Aggrieved against the conviction and sentence, present criminal appeal was preferred before this Court.

3. A Compounding Application (CRMA No. 1447 of 2014) is filed before this Court to show that the parties have settled their disputes amicably. The compounding application is supported by affidavits of all the appellants and victims/injured, i.e. Satnam Chandra and Milakh Raj. Both the victims/injured, i.e. Satnam Chandra and Milakh Raj are present in person, duly identified by their counsel Mr. Bhupendra Koranga. Appellant no. 1 Lakkha Ram is also present in person before this Court, duly identified by his counsel Mr. Lokendra Dobhal. The victims stated before this Court that they do not wish to prosecute the appellants, in as much as, a compromise has taken place between them with the intervention of elderly persons of their village. They prayed that they may be permitted to compound the proved offences proved against the appellants and the criminal appeal be allowed.

4. Offences punishable under Sections 323 IPC read with Section 34 IPC and Section 325 IPC read with Section 34 IPC are compoundable within the scheme of Section 320 Cr. P.C. while the offence under Section 324 IPC read with Section 34 IPC is non-compoundable offence. The question is – whether the victims/injured should be permitted to compound such proved offences against the convicts or not?

5. The Apex Court has dealt with the consequence of a compromise in regard to non-compoundable offences in the case of B.S. Joshi and others vs. State of Haryana and another, (2003) 4 SCC 675 and has held as below:-

“If for the purpose of securing the ends of justice, quashing of FIR becomes necessary, Section 320 Cr. P.C. would not be a bar to the exercise of power of quashing. It is, however, a different matter depending upon the facts and circumstances of each case whether to exercise or not such a power.”

6. Thus, the High Court, in exercise of its inherent power, can quash criminal proceedings or FIR or complaint and Section 320 of Cr. P.C. does not limit or affect the powers under Section 482 of the Code of Criminal Procedure, 1973.

7. Learned counsel for the parties drew attention of this Court towards the decisions of Hon’ble Supreme Court in Narendra Singh and others vs. State of Punjab and another, (2014) 6 SCC 466.

8. Reliance was also placed upon the pronouncement of the Hon’ble Apex Court in Gian Singh vs. State of Punjab and another, (2013) 1 SCC (Cri) 160, wherein Hon’ble Apex Court has observed as below:-

“The position that emerges from the above discussion can be summarized 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 of F.I.R. may be exercised where the offender and victim have settled