ORDER

% 25.01.2024 CRL.M.A. 2475/2024 (exemption from filing the certified copies of annexures and accompanying petiton)

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

CRL.M.C. 601/2024

3. The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.

737/2021, dated 21.10.2021, under Sections 452/323/34 of the Indian Penal Code, 1860, registered at Police Station Nangloi.

The FIR was registered on behest of a complaint made by one, Mr. Dharamvir, who is arrayed as Respondent No. 2.

4. It is averred that a scuffle took place between the petitioners and Respondent No. 2. It is alleged that the petitioners went to the house of Respondent No. 2, and started beating him, which led to the filing of the present FIR.

5. The learned counsel for the petitioners submits that Respondent No. 2 is the husband of Petitioner No. 2 and father of Petitioner No. 1 and submits that the FIR was registered on a misunderstanding which emanated within the family.

6. He further submits that the present petition is filed on the ground that the parties have amicably settled all their disputes by way of a Settlement Deed dated 07.08.2023, and have started living together peacefully.

7. The parties are present in person except one accused, who is a juvenile and has already been discharged. The parties are identified by the IO and state that they do not have any objection if the proceedings are quashed.

8. Offence under Section 323 of IPC is compoundable whereas offence under Section 452 of IPC is non-compoundable.

9. It is well settled that the High Court while exercising its powers under Section 482 CrPC can compound offences which are non-compoundable under the Code on the ground that there is a compromise between the accused and the complainant. The Hon’ble Apex Court has laid down parameters and guidelines for High Court while accepting settlement and quashing the proceedings. In Narinder Singh & Ors. V. State of Punjab & Anr, (2014) 6 SCC 466, the Supreme Court has observed as under :-

“29. In view of the aforesaid discussion, we sum up and lay down the following principles by which the High Court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under Section 482 of the Code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings:

29.1. Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution.

29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure: (i) ends of justice, or (ii) to prevent abuse of the process of any court. While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives. 29.3. Such a power is not to be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. Similarly, for the offences alleged to have been committed under special statute like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender. 29.4. On the other hand, those criminal cases having overwhelmingly and predominantly civil character,