ORDER

% 19.01.2024 CRL.M.A. 1703/2024 (exemption from filing certified copies of the annexures)

1. Exemption allowed, subject to all just exceptions,

2. The application stands disposed of.

CRL.M.C. 433/2024

3. The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) for quashing of FIR No. 330/2023 dated 28.07.2023, for offences punishable under Sections 354A/509 of the Indian Penal Code, 1860 (IPC), registered at Police Station K.N. Katju Marg, including all consequential proceedings arising out of the said FIR.

4. It is averred that Respondent No.2 made a complaint to the SHO, Police Station K.N. Katju Marg, Rohini, Delhi alleging that the petitioner had sexually harassed her, which later culminated The Order is downloaded from the DHC Server on 01/03/2024 at 19:23:06 into the aforementioned FIR No. 330/2023.

5. The learned counsel for the petitioner submits that the present FIR was registered due to some misunderstanding between the parties. He further submits that the petitioner has apologised to Respondent No.2 for any inconvenience caused to her.

6. The present petition has been filed on the ground that the parties have amicably settled all their disputes by Compromise Deed dated 16.12.2023 with the intervention of respectable members of the society and well wishers, on their own free will, without any coercion, pressure or undue influence.

7. The parties are present in person and have been duly identified by the Investigating Officer.

8. Respondent No.2, on being asked, states that she does not wish to pursue the proceedings arising out of the present FIR and has no objection if the proceedings are quashed.

9. Offence under Section 354A of the IPC is non- compoundable and offence under Section 509 of the IPC is compoundable.

10. It is well settled that the High Court while exercising its powers under Section 482 of the 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 Hon’ble Supreme Court has observed as under :-

“29. In view of the aforesaid discussion, we sum up and lay down the following principles The Order is downloaded from the DHC Server on 01/03/2024 at 19:23:06 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