The court has the inherent power to quash criminal proceedings, even in non-compoundable cases, where the parties have amicably settled the matter.

By way of instant petition filed under Section 482 of the Code of

Criminal Procedure, a prayer has been made on behalf of the petitioner

for quashing of FIR No. 70/2023 dated 22.07.2023 under Sections 419,

468 and 500 of the Indian Penal Code registered at Police Station

Padhar, District Mandi, H.P, as well as consequent proceedings arising

out of the same.

2.

The averments contained in the petition, which is duly

supported

by

an

affidavit

reveals

that

on

22.07.2023

complainant/respondent No.2 had got a FIR registered against the

present petitioner under Sections 419, 468 and 500 of the Indian Penal

Code. However, during the pendency of proceedings the dispute inter se

parties has been settled amicably vide compromise dated 25.04.2024,

Whether reporters of Local Papers may be allowed to see the judgment?

copy whereof is appended along with the present petition as

Annexure P2.

3.

Statement of complainant/respondent No.2 stands recorded.

He has categorically stated that he has entered into compromise of his

own free will, volition and without any pressure. According to the

complainant/respondent No.2, the dispute inter se parties stands

amicably settled between the parties.

4.

I have heard learned counsel for the parties and perused the

record carefully.

5.

This Court sees no impediment in quashing the FIR in issue, as

the dispute inter se the parties stand amicably resolved.

6.

From a perusal of Section 320 of the Code of Criminal

Procedure, it is evident that in so far as Sections 419 and 500 of the

Indian Penal Code are concerned, the same are compoundable.

However, Section 468 of the IPC is not compoundable.

7.

In this respect, attention of this Court has been drawn to case

titled Narinder Singh and others vs. State of Punjab and another

reported as (2014) 6 Supreme Court Cases, 466, wherein the Apex

Court has categorically laid down that the High Court has inherent power

to quash the criminal proceedings even in those cases, which are not

compoundable, where the parties have amicably settled the matter inter

se them. However, this power is to be exercised sparingly and with

caution, in cases where settlement is arrived at. The guiding factors

being securing the ends of justice or to prevent an abuse of the process

of any Court.

8.

In view of the fact that the parties have entered into

compromise permitting the proceedings in pursuance to the aforesaid FIR

sought to be quashed to continue would only result into an abuse of

process and the same would not secure the ends of justice.

9.

Accordingly, the petition is allowed. FIR No. 70/2023 dated

22.07.2023 under Sections 419, 468 and 500 of the Indian Penal Code

registered at Police Station Padhar, District Mandi, H.P, as well as

consequent proceedings arising out of the same are also quashed.

10.

The petition stands disposed of in the above terms, so also the

pending application(s), if any.