The court affirmed that non-compoundable offenses can be quashed under Section 482 of the Code if they are settled and do not significantly impact society.

O R D E R

This Criminal Miscellaneous Case is filed under Section

482 of the Code of Criminal Procedure , 1973 (“the Code” for the sake of brevity).

2. The petitioner is the accused in C. C. No. 104 of 2013 on the files of the Chief Judicial Magistrate Court, Ernakulam arising from FIR No.1104 of 2012 of Central Police Station, Ernakulam.

3. The above case is charge sheeted alleging offences punishable under Sections 103 and 104 of Trademarks Act , 1958.

4. The learned counsel for the petitioner submits that the parties have settled their dispute and do not wish to pursue the prosecution proceedings. The counsel relies on the affidavit filed by the 2nd respondent in support of his contention. The counsel appearing for the 2nd respondent also submitted that the matter is settled and the 2nd respondent has no objection in quashing the prosecution.

5. The learned Public Prosecutor, on instructions, has expressed reservations about quashing the proceedings solely on the basis of the settlement. But the Public Prosecutor conceded that the matter is settled between the parties.

6. This Court has considered the submission of the petitioner, 2nd respondent and the Public Prosecutor and has also gone through the records including the affidavit filed by the 2nd respondent.

7. InState of Madhya Pradesh v Laxmi Narayan and Others ( 2019 (5) SCC 688 ), three judge bench of the Hon'ble Supreme Court has summarized the situation in which non compoundable offences can be quashed invoking the powers under Section 482 of the Code. The apex court in Laxmi Narayan's case (supra) also relied on the law laid down inGian Singh v. State of Punjab and another (2012 (10) SCC 303) and Narinder Singh and others v. State of Punjab and another ( 2014 (6) SCC 466 ). The apex court in paragraph 13 of theLaxmi Narayan's case discussed the law in detail and the same is extracted hereunder:

“13. Considering the law on the point and the other decisions of this Court on the point, referred to herein above, it is observed and held as under:

i) that the power conferred under S.482 of the Code to quash the criminal proceedings for the non - compoundable offences under S.320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves;

ii) such power is not to be exercised in those prosecutions which involved 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;

iii) similarly, such power is not to be exercised for the offences under the special statutes like 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;

iv) offences under S.307 IPC and the Arms Act etc. would fall in the category of heinous and serious offences and therefore are to be treated as crime against the society and not against the individual alone, and therefore, the criminal proceedings for the offence under S.307 IPC and / or the Arms Act etc. which have a serious impact on the society cannot be quashed in exercise of powers under S.482 of the Code, on the ground that the parties have resolved their entire dispute amongst themselves. However, the High Court would not rest its decision merely because there is a mention of S.307 IPC in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of S.307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing the charge under S.307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such inju