ORDER

1. This is a petition under section 482 r/w section 320(2) of the Code of Criminal Procedure for quashing of Criminal Case No.776/2014 for commission of offences under section 307, 452, 341, 34 of IPC.

2. The applicants and the complainant filed an application IA No.13222/2022 for compounding. Parties were directed to appear before the Principal Registrar for verification of the compromise. Report has been submitted by the Principal Registrar of High Court that parties have voluntarily compromised the matter and amicably settled the dispute without any threat, inducement and coercion.

3. Counsel for the State submits that the offence under section 307 of the IPC is non-compoundable under section 320 of the Cr.P.C.

4. In view of the above, it would be apposite to survey the law in respect of compounding in non-compoundable case. The apex Court in the case of Gian Singh v. State of Punjab and Anr. reported in (2012) 10 SCC 303 after considering the the provisions of section 320 and 482 of the Cr.P.C held that the compounding can he permitted in a non-compoundable offence.

5. Relevant part of the order of the order reads as under :-

"Quashing of offence or criminal proceedings on the ground of settlement between an offender and victim is not the same thing as compounding of offence. They are different and not interchangeable. Strictly speaking, the power of compounding of offences given to a court under section 320 is materially different from the quashing of criminal proceedings by the High Court in exercise of its inherent jurisdiction. In compounding of offences, power of a criminal court is circumscribed by the provisions contained in section 320 and the court is guided solely and squarely thereby while, on the other hand, the formation of opinion by the High Court for quashing a criminal offence or criminal proceeding or criminal complaint is guided by the material on record as to whether the ends of justice would justify such exercise of power although the ultimate consequence may be acquittal or dismissal of indictment.

B.S.Joshi, Nikhil Merchant, Manoj Sharma and Shiji do illustrate the principle that the High Court may quash criminal proceedings or FIR or complaint in exercise of its inherent power under section 482 of the Code and section 320 does not limit or affect the powers of the High Court under section 482. Can it be said that by quashing criminal proceedings in B.S.Joshi, Nikhil Merchant, Manoj Sharma and Shiji this Court has compounded the non-compoundable offences indirectly? We do not think so. There does exist the distinction between compounding of an offence under section 320 and quashing of a criminal case by the High Court in exercise of inherent power under section 482. The two powers are distinct and different although the ultimate consequence may be the same viz. acquittal of the accused or dismissal of indictment."

5. In a subsequent order, in the case of Narinder Singh and Ors v. State of Punjab and Anr. passed in Criminal Appeal No.686/2014 dated 27.3.2014 after relying on the judgment passed in the case of Gian Singh (supra), the apex Court permitted the compounding in a non-compoundable case and quashed the criminal proceedings.

6. In the case of Daxaben v. State of Gujarat (Arising out of SLP (Crl.) No.1132-1155 of 2022), the apex Court held that the inherent power of the High Court under section 482 of the Cr.P.C. is wide and can even be exercised to quash criminal proceedings relating to non-compoundable offences, to secure the ends of justice or to prevent abuse of the process of Court. Where the victim and offender have compromised disputes essentially civil and personal in nature, the High Court can exercise its power under section 482 of the Cr.P.C. to quash the criminal proceedings.

7. In the case of Yogendra Yadav & Ors. v. The State of Jharkhand

& Anr. AIR 2015 SC (Criminal) 166, the apex Court held as under:-

"Needless to say that offences which are non-compoundable cannot be compo