The court can quash criminal proceedings under Section 482 if a settlement exists and is found to be genuine.

O R D E R

Dated this the 31^th day of January, 2025 A five Judges Bench of the Punjab and Haryana High Court in Kulwinder Singh and Others v. State of Punjab and Another [ (2007) 4 CTC 769 ], framed broad guidelines as regards quashment of the criminal proceedings under Section 482 of the Code in respect of offences which are not compoundable in terms of Section 320 of the Code. One among the guidelines was that the offences against human body, other than murder and culpable homicide, may be permitted to be compounded, when the court is in a position to record a finding that the settlement between the parties is voluntary and fair. These guidelines were quoted with approval by a three Judges Bench of the Hon'ble Supreme Court inGian Singh v. State of Punjab and another [ (2012) 10 SCC 303 ]. Similarly inNarinder Singh and Others v. State of Punjab [ (2014) 6 SCC 466 ], the Hon'ble Supreme Court has gone to the extent of sanctioning invocation of the inherent power under section 482 of the Criminal Procedure Code to quash the F.I.R in a crime alleging offence under Section 307, which is a henious and serious offence. A practical approach is seen adopted by the Hon'ble Supreme in Madan Mohan Abbot v. State of Punjab [ (2008) 4 SCC 582 ] as regards quashment in respect of offences like 379, 406, 409, 418, etc., the relevant findings of which are extracted herebelow:

“6. We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.”

2. In the facts at hand, petitioner is the sole accused in Crime No.961 of 2024 of Kodungalloor Police Station, Thrissur. The offences alleged are under Sections 115(2), 126(2) and 296(b) of the Bharathiya Nyaya Sanhita , 2023. The petitioner seeks quashment of the entire proceedings in the above crime, on the strength of the settlement arrived at by and between the parties.

3. Heard the learned counsel for the petitioner, learned counsel for the defacto complainant/respondent no.2 and the learned Senior Public Prosecutor. Perused the records.

4. When this Crl.M.C was moved, this Court directed to record the statement of the defacto complainant. The said direction was complied and the statements of the defacto complainant and his wife, an injured in the said crime, were handed over. On perusal of the same, it is clear that the issues between the petitioner, the defacto complainant and his wife (injured) are settled amicably and that they are no longer interested to proceed with the case. They would also state that they have no objection in quashing the criminal proceedings against the petitioner. That apart, it is noticed that along with this Crl.M.C, an affidavit has been sworn to by the defacto complainant (2^nd respondent herein) as Annexure-2, wherein he would unequivocally state that the disputes have been settled. The defacto complainant would also swear that he has no surviving grievance against the petitioner and that he has no objection in quashing the criminal proceedings against the petitioner. The affidavit is sworn to on his own volition, without any compulsion, whatsoever. This Court is therefore convinced that the settlement arrived at is genuine and bonafide.

5. In the light of the above referred facts, this Court is of the opinion that the necessary parameters, as culled out in