Even in non-compoundable cases, criminal proceedings can be quashed based on a compromise to prevent abuse of the process of law and save valuable court time.

ORDER :

Anand Pathak, J.

Heard through Video Conferencing.

1. Petitioner has filed this petition under Section 482 of Cr.P.C. for quashment of FIR registered vide crime No. 233/2020 registered at Police Station Kampoo, District Gwalior for offence under Sections 420 of IPC and other criminal proceedings in furtherance thereto, if any, on the basis of compromise reached between the parties.

2. It appears that parties agreed to settle the matter and therefore, joint applications vide I.A. No. 24998/2020 has been preferred at the instance of parties and they want to settle the matter. The application is duly signed by respective parties (power of attorney holder on behalf of complainant) and same is supported by their affidavits.

3. The Principal Registrar of this Court has duly verified the parties, contents of application, intent and signatures of parties. Report is attached, same is perused and it appears that compromise has been reached between the parties voluntarily without any threat, inducement and coercion.

4. Learned counsel for the respondent No.1/State opposed the prayer and prayed for rejection of the petition.

5. Counsel for the complainant argued in support of petitioner's prayer for compromise. He referred power of attorney and affidavit filed by the complainant in this regard and submits that on behalf of complainant, his father is competent and ready to settle the matter.

6. Heard learned counsel for the parties.

7. This Court vide order dated 8/1/2021 gave suggestions to the petitioner to rise to the occasion and try to make some efforts and sincere endeavours for betterment of the country and environment. Considering the suggestions and after due contemplation, it appears that petitioner was ready to take some positive steps towards betterment of the society and city. Therefore, petitioner suggested on that very date that he is ready to deposit Rs. 15,000/- in favour of Army Central Welfare Fund having A/c No. 520101236373338 of Corporation Bank, Chandani Chowk, Delhi.

8. Today, petitioner informed this Court that petitioner has already deposited Rs. 15,000/- in favour of Army Central Welfare Fund and receipt in this regard has also been brought on record.

9. A Lean Compromise is better than a Fat Law Suit, instant efforts of the parties indicate the same. It is expected that their bona fide gestures would continue.

10. The Hon'ble Supreme Court in catena of judgments Jagdish Channa & others Vs. State of Haryana & another, AIR 2008 SC 1968, Madan Mohan Abbot Vs. State of Punjab, AIR 2008 SC 1969, Shiji Vs. Radhika & Another, (2011) 10 SCC 705, Narinder Singh & others Vs. State of Punjab, (2014) 6 SCC 466, B.S. Joshi and others Vs. State of Haryana and another, (2003) 4 SCC 675, Gian Singh Vs. State of Punjab, (2012) 10 SCC 303 and Parbatbhai Ahir alias Parbatbhai Bhimsinhbhai Karmur and others Vs. State of Gujarat and another, (2017) 9 SCC 641, laid down that even in non-compoundable cases on the basis of compromise, criminal proceedings can be quashed so that valuable time of the court can be saved and utilized in other material cases.

11. After hearing learned counsel for the parties and taking into account the law laid down by the Apex Court, in the opinion of this court, continuance of trial in such matter will be a futile exercise which will serve no purpose. Under such a situation, section 482 Cr.P.C. can be justifiably invoked to prevent abuse of the process of law and wasteful exercise by the courts below.

12. To preserve the resources and bonhomie created between the parties arises out of settlement, in the interest of justice, application for compounding the offences vide I.A. No. 24998/2020 is allowed because no fruitful purpose would be served in continuation of trial. Thus, parties are permitted to compound the offence.

13. At this juncture, this Court records appreciation for the petitioner by which he thought about national cause.

14. Resultantly, I.A. Nos. 24998/2020 is allowed and FIR registered vide crime No