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MANOJ K. TIWARI
Karan Bhalla – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Manoj K. Tiwari, J.
1. Heard learned counsel for the parties and perused the records.
2. An F.I.R. was lodged by respondent No. 2 on 28.06.2014 against the applicants, under Sections 324, 323, 504 & 506 of I.P.C. The police, upon completion of investigation, submitted charge-sheet on 02.06.2015 under the aforesaid Sections against the applicants. Learned Chief Judicial Magistrate, District Dehradun took cognizance against the applicants under the aforesaid sections vide order dated 05.12.2015.
3. This Criminal Miscellaneous Application has been filed by the applicants challenging the proceedings of Criminal Case No. 61 of 2023 (Old No. 4012 of 2015), pending in the court of learned Civil Judge/Judicial Magistrate, Mussoorie, District Dehradun.
4. A compounding application No. 1 of 2024 has been filed along with this criminal miscellaneous application duly supported by affidavits of the complainant/respondent No. 2 – Ishwinder Singh as wellas Victim/respondent no. 3 – Rajan Kumar and applicants (Karan Bhalla, Vijay Handa & Rishab Dhawan).
5. Learned counsels for the parties submit that parties have buried their differences and entered into a compromise and settled the dispute
The court established that inherent powers under Section 482 Cr.P.C. can be used to quash proceedings in personal disputes even if the offences are non-compoundable.
The court can exercise its inherent jurisdiction under Section 482 of Cr.P.C. to quash criminal proceedings based on the settlement between the parties, as established in the judgments in Gian Singh ....
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.
The court may quash criminal proceedings based on a compromise between parties, emphasizing that such quashing is distinct from compounding offences.
The court may quash criminal proceedings if the parties have settled their disputes, even for non-compoundable offences, to prevent futile litigation and secure justice.
The power of the High Court to quash criminal proceedings based on the compromise between the parties is distinct and different from the power given to a criminal court for compounding the offences u....
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