The court has the power to quash proceedings in non-compoundable cases based on amicable settlements, as distinct from the power to compound offences under Section 320 of Cr.P.C.

ORDER :

Heard finally, with the consent of the parties.

2. This petition under Section 482 of Cr.P.C. is preferred by the petitioners for quashment of the FIR registered bearing Crime No.36/2023, dated 26.06.2023, registered at Police Station-Crime Branch, District -Indore, under Sections 420, 467, 468 & 471 of IPC and the consequent proceedings arising out of it.

3. As per the prosecution story, the complainant has lodged an FIR by submitting that the complainant was receiving several calls for redeem the RBL Credit Card Reward Points, but he did not pay attention to the calls. On 13.04.2023, an unknown person called the complainant on mobile No. 8338001404 by giving him offer to redeem the reward points of RBL Credit Card and sent a link to the complainant. By clicking on the link and fill up the details, the complainant submitted the form, when the complainant submitted the form, unknown person accessed the complainant's mobile and disbursed the amount of Rs.24,311/- on 13.04.2023 from the Credit Card of the complainant and committed fraud. Hence, the police has lodged the FIR against the petitioner.

4. It is submitted by both parties that during pendencey of the case, they have settled their dispute amicably. This Court, vide order dated 01.11.2023, sent the record before the Principal Registrar of this Court for verification of the compromise between the petitioner and complainant/respondent No. 2.

5. As per the verification report dated 03.11.2023 received from the Principal Registrar, both parties have settled their dispute amicably and filed application under Section 320 of Cr.P.C. for compromise vide I.A. Nos.16414/2023 & 16415/2023, an application under Section 320(2) of Cr.P.C. for granting of permission for compromise.

6. Counsel for the parties submit that the matter has been compromised and amicably settled between the parties and now no dispute remains between them. The complainant does not want to prosecute the applicant further.

7. From the face of report, it is clear that the offence under sections 467, 468 and 471 IPC are non-compoundable.

8. 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 Vs. 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.

Relevant part 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 quashi