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

JUDGMENT :

Anand Pathak, J.

1. With consent heard finally.

2. The present petition has been preferred by the petitioners under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of order dated 28.11.2019 passed by the JMFC, Raghogarh, Distt. Guna, in Criminal Case No. 1021/2014 and its entire criminal proceedings under Sections 498-A, 323 of IPC on the basis of compromise.

3. It is the submission of counsel for the parties that they intend to enter into compromise, therefore, application under Section 320 of Cr.P.C. by way of LA. No. 10481/2019 has been preferred. Parties fairly submit that they want to give peace a chance and for that they want to settle their dispute inter se. Under the direction of this Court, the factum of compromise entered into between the parties has been verified by the Principal Registrar of this Court and according to the said report, parties settled the matter and intended to compromise the matter. Further learned counsel for the petitioners submits that petitioners have regrets for the proceedings undertaken involving State machinery (Police, Prosecution and the Court) and for that they intend to do some national/social service by way of depositing Rs. 5,000/- in total in favour of Army Central Welfare Fund Fund having A/C No. 520101236373338 of Corporation Bank, Chandani Chowk Delhi within a period of seven days from today.

4. Heard.

5. 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.

6. 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.

7. 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. Further the ingredients are not so heinous, therefore, permission to compound the offence is accorded., 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.

8. To preserve the resources and bonhomie created between the parties arises out of settlement, in the interest of justice, application for compounding the offence vide 1.A. No. 10481/2019 is allowed because no fruitful purpose would be served in continuation of trial, subject to depositing a sum of Rs. 5,000/- in total by the petitioners in favour of Army Central Welfare Fund. Thus, parties are permitted to compound the offence.

9. Resultantly, the petition is allowed and Criminal Case No. 1021/2014 pending before JMFC, Raghogarh, Distt. Guna, and its entire criminal proceedings under Sections 498-A, 323 of IPC stand quashed against the petitioners subject to depositing a sum of Rs. 5,000/- in total by the petitioners in favour of Army Central Welfare Fund. Petitioners stand discharged from all the charges within 7 days from today.

10. Principal Registrar of this Court is directed to send a copy of this order to the Chief of Defence Staff/Ex-officio Secretary to the Department of Military Affairs in Ministry of Defence, North Block New Delhi for information about the thoughtfulness of petitioners towards National Cause.

11. Petition stands allowed and disposed of in above terms subject to aforesaid conditi