ORDER

% 22.01.2024

1. The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) for quashing of FIR No. 497/2023 dated 22.07.2023, for offences punishable under Sections 308/34 of the Indian Penal Code, 1860 (‘IPC’), registered at Police Station Dabri, including all consequential proceedings emanating therefrom, against the petitioner. The said FIR was lodged at the instance of Respondent No.2.

2. Respondent No.2 was attacked and beaten by the petitioner and two unknown persons due to which he sustained injuries on his head and leg, which led to the lodging of the present FIR.

3. The present petition has been filed on the ground that the petitioner and Respondent No.2 have amicably settled their dispute by way of Memorandum of Understanding dated 14.08.2023, with the intervention of respectable members of the society, well-wishers and family, on their own free will, without any undue influence, coercion or pressure.

4. In terms of the Memorandum of Understanding dated 14.08.2023, a sum of ₹2,00,000/- (Rupees Two Lakhs only) has been paid by the petitioner to Respondent No.2 as compensation towards his medical expenses.

5. The learned counsel for the petitioner states that the altercation took place between the parties due to some misunderstanding and miscommunication, and Respondent No.2 has been adequately compensated. He further submits that the petitioner undertakes to not indulge in any such activity in the future.

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

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

8. Offence under Section 308 of the IPC is non- compoundable.

9. 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 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 w