The power to quash criminal proceedings is distinct from the power to compound offences. In cases where the offender and victim have settled their dispute, the court must consider the nature and gravity of the crime. Heinous and serious offences cannot be quashed even with a settlement. However, criminal cases with a predominantly civil nature or arising from commercial, financial, or family disputes can be quashed if the possibility of conviction is remote and continuation of the criminal case would cause oppression and prejudice to the accused.

JUDGMENT :

R.C. Khulbe, J.

By way of present application, moved under Section 482 of Cr.P.C., applicant seeks to quash the S.T. No. 95 of 2018, State vs. Vineet Kumar @ Jitendra Kumar, u/s,363, 366-A,376 of IPC and Section 5/6 of POCSO Act, pending in the court of Special Judge, POCSO, Haridwar.

2. The parties have filed a Compounding Application No. 2706 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 applicant that the offences punishable under Sections 363, 366-A, 376 of IPC and Section 5/6 of POCSO Act are not compoundable offences.

4. It is further contended by learned counsel for the applicant that the present applicant got married with the prosecutrix and are living together as husband and wife and enjoying the married life.

5. On the other hand, it is argued by learned counsel for the State that the offence is heinous in nature; hence, opposed the compounding application.

6. There is no evidence on record to prove that the prosecutrix was minor at the time of occurrence, apart from that there is no evidence on record that the accused has committed rape with the prosecutrix. Hence the offences under Section 376 IPC and under Section 5/6 of POCSO Act are not made out.

7. 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."

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.

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

9. 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