ORDER

% 10.01.2024 CRL.M.A. 895/2024 (exemption from filing the certified copies of the annexures)

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

CRL.M.C. 228/2024

3. The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No. 455/2022 dated 12.08.2022 under Sections 354(D)/506/509 of the Indian Penal Code, 1860 (IPC), registered at Police Station Vikaspuri including all consequential proceedings arising therefrom. The FIR was registered on a complaint filed by Respondent No. 2 in the present petition.

4. It is averred that the petitioner and Respondent No.2 were friends and had known each other since the last four years, however, certain disputes had arisen between the parties due to some misunderstandings which led to the filing of the present FIR No. 455/2022.

5. The present petition has been filed on the ground that the parties have amicably settled all their disputes by a Memorandum of Understanding dated 21.11.2023 with the intervention of the relatives, common friends and their families on their own free will without any coercion or pressure, undue influence.

6. The parties are present before this Court in person and have been duly identified by the Investigating Officer. The petition is also supported duly by sworn affidavit of Respondent No. 2.

7. Learned Additional Public Prosecutor for the State submits that chargesheet has been filed in the present case.

8. Offence under Sections 354(D) of the IPC is non- compoundable whereas offences under Sections 506 and 509 of the IPC is 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. reported as (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 overwhelm