The court can quash criminal proceedings based on an amicable settlement between the parties, especially when the possibility of conviction is remote and the desire for peace is evident.

JUDGMENT

Manoj K. Tiwari, J. - Heard learned counsel for the parties.

2. By means of this application under Section 482 Cr.P.C., applicants have challenged chargesheet No. 96 of 2022, summoning order and entire proceedings of Criminal Case No. 705 of 2022, under Sections 323, 504 and 498-A of I.P.C., pending in the court of learned Judicial Magistrate, Doiwala, Dehradun.

3. A compounding application, jointly signed by counsel for respondent no. 2 and counsel for the applicants, has been filed duly supported by affidavits of applicant nos. 2 & 3 and respondent no. 2 (complainant). Applicant no. 1 - Prabhakar Singh, who is husband of respondent no. 2, has filed his affidavit through his power of attorney/father (applicant no. 2 herein).

4. Learned counsel for the applicants submits that parties have amicably resolved the dispute, therefore, the matter needs to be compounded.

5. Learned counsel for respondent no. 2 submits that dispute has now been amicably settled between the parties, therefore, his client wants to close the matter to ensure that peace is restored.

6. Applicants and respondent no. 2 (complainant) are present through video conference before this Court today, who are duly identified by their respective counsels. Respondent No. 2 also stated that in view of the settlement, she does not want to pursue the matter any further.

7. Learned State Counsel submits that all the offences are compoundable, except Section 498-A of I.P.C.

8. Having regard to the nature of offence and also considering the broad guidelines issued by Hon'ble Apex Court in the case of Gian Singh Vs State of Punjab reported in (2012) 10 SCC 303 and Narinder Singh & others Vs State of Punjab & another reported in (2014) 6 SCC 466, request of the petitioners deserves to be acceded to.

9. Since the parties have entered into a compromise, therefore, possibility of the trial resulting into conviction of the accused is remote and bleak and, that being so, continuation of criminal proceedings would visit the accused with great oppression, prejudice and injustice. Rather, it would tantamount to abuse of process of law. Ends of justice would be met if criminal proceedings are put to an end, because this would allow the parties to translate their decision to live in peace in the reality. The only consideration for the compromise reached between the parties seems to be their desire to burry the hatchet for all times to come. Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of a Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery.

10. In view of the facts and circumstances of the case, the criminal miscellaneous application is allowed. Criminal Case No. 705 of 2022, registered under Sections 323, 498-A & 504 of I.P.C. at Police Station Doiwala, District Dehradun, is hereby quashed along with all the proceedings emanating therefrom.

11. Compounding application is, accordingly, disposed of.