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

JUDGMENT :

R.C. Khulbe, J.

By way of present application, moved under Section 482 of Cr.P.C. the applicants seek to quash the impugned charge sheet dated 04.03.2017 and summoning order dated 22.11.2017 as well as entire proceedings of Criminal Case No.136 of 2017 (case crime no.84 of 2016), "State Vs. Gajendra Singh and others", under Sections 147, 420, 120-B, 504, 506 IPC, P.S. Muni Ki Reti, District Tehri Garhwal, pending before in the Court of learned Judicial Magistrate, Narendra Nagar, District Tehri Garhwal in terms of compromise arrived between the parties.

2. The parties have filed a Compounding Application no. 3244 of 2019 to show that the parties have buried their differences and have settled their disputes amicably.

3. It is contended by learned counsel for the State that the offences punishable under Sections 147 and 120B IPC are not compoundable offences.

4. The Apex Court has dealt with the consequence of a compromise in regard to noncompoundable 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."

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.

5. Hon'Ble Supreme Court has permitted compounding of such offences in the decision of Nikhil Merchant v. CBI and another,2008 9 SCC 650.

6. Learned counsel for the parties also drew the attention of this Court towards the ruling of Gian Singh v. State of Punjab and another, (2013) 1 SCC(Cri) 160, in which Hon'ble Supreme Court observed as below:

"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 committed by public servants while working in that capacity etc; cannot provide 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