The power of the High Court to quash criminal proceedings based on compromise between the offender and victim is distinct from the power to compound offences. The court must consider the nature and gravity of the crime before exercising the power to quash. Heinous and serious offences like murder and rape cannot be quashed based on compromise.

ORDER :

Sanjaya Kumar Mishra, J.

1. Heard Mr. S.K. Mandal, learned counsel for the writ applicant as well as Mr. J.S. Virk, learned Deputy Advocate General for the State.

2. By virtue of this writ application, the petitioner has prayed the following prayers:

“(i) Issue a writ, order or direction in the nature of certiorari quashing the FIR No. 114/2022 dated 30.03.2022 punishable under Section 5/6 of the Protection of Children From Sexual Offences Act, 2012, as well as Section 376(2) (n) read with Section 376 (3) of the Indian Penal Code, was registered at PS Ram Nagar, District Nainital (Annexure No. 1 to the writ petition).

(ii) Issue a writ, order or directions in the nature of mandamus directing the respondent no.2 not to arrest the petitioners or take any coercive measures agisnt the petitioner, pursuant to FIR No. 114/2022 dated 30.03.2022 punishable under Section 5/6 of the Protection of Children From Sexual Offences Act, 2012, as well as Section 376 (2) (n) read with Section 376 (3) of the Indian Penal Code, was registered at PS Ram Nagar, District Nainital (Annexure No.1 to the writ petition) during pendency of the instant writ petition.”

3. A compounding application has been filed by the petitioner as well as respondent no.3 (victim). Both are present in the Court. However, this Court takes note of the fact that an application for compounding of an offence is different from an application for quashing of the FIR on the basis of a compromise. An offence can be compounded under Section 320 of the Code of Criminal Procedure, 1973, only if case comes within the four corners of the aforesaid provision. However, under Section 482 of the same code the High Court have ample jurisdiction on the compromise arrived at between the parties to quash the FIR or set aside the order of cognizance.

4. In this case, the petitioner has prayed to quash the FIR No. 114 of 2022 dated 30.03.2022, for the offences punishable under Section 376 (2) (n), Section 376 (3) IPC read with Section 5/6 of the Protection of Children from the Sexual Offences Act, 2012 on the ground of compromise. In the reported case of Gian Singh vs. State of Punjab and another, reported in (2012) 10 Supreme Court Cases 303, the Hon’ble Supreme Court has taken into consideration the powers of the Court and made certain observations regarding the heinous and serious crimes, like that of the rape. It is appropriate to take the exact words used by the Hon’ble Supreme Court in the aforesaid case at paragraph 61. It appears that the FIR cannot be quashed. In what cases power to quash the criminal proceedings or complaint or F.I.R may be exercised where the offender and victim have settled their disputes 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 take due care in examining the nature and gravity of the crime. For ready reference para 61 of the Gian Singh (supra) judgement is being quoted herein 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 murd