The court can exercise its inherent powers to quash criminal proceedings in non-compoundable cases where the parties have resolved the entire dispute and the continuance of the prosecution would serve no purpose.

ORDER

B y invoking inherent powers of this Court, present petition has been preferred by petitioners u/S.482 of Cr.P.C. seeking quashment of FIR bearing Crime No.60/2020 registered on 22.04.2020 at Police Station Chinore, District Gwalior under Sections 363, 34, 376, 506 of IPC and Section 3, 4 of Protection of Children from Sexual Offences Act against the petitioners.

2. Alongwith the petition, both the parties have filed I.A. No.3398 of 2024 stating therein that the dispute between the parties has been resolved and as both the petitioner No.1-Mahesh Kushwah and prosecutrix have solemnized marriage on 08.10.2021 and out of their wedlock they have blessed with a female child aged 06 months and now the prosecutrix is living with her husband since 2021, therefore, they have no intention to pursue the matter further.

3. In compliance of order dated 21.02.2024 passed by this Court, the factum of compromise has been verified by the Principal Registrar of this Court, who has recorded the statements of complainant/respondent No. 2 as well as petitioners/accused persons and has submitted the report that the parties have arrived at compromise voluntarily without any threat, inducement and coercion.

4. In view of the above, it would be apposite to survey the law in respect of compounding in non-compoundable case. The Apex Court in the case of Gian Singh Vs. State of Punjab and Anr. reported in (2012) 10 SCC 303 after considering the the provisions of section 320 and 482 of the Cr.P.C held that the compounding can he permitted in a non-compoundable offence.

Relevant part of the order of the order reads as under :-

"Quashing of offence or criminal proceedings on the ground of settlement between an offender and victim is not the same 2 thing as compounding of offence. They are different and not interchangeable. Strictly speaking, the power of compounding of offences given to a court under Section 320 is materially different from the quashing of criminal proceedings by the High Court in exercise of its inherent jurisdiction. In compounding of offences, power of a criminal court is circumscribed by the provisions contained in Section 320 and the court is guided solely and squarely thereby while, on the other hand, the formation of opinion by the High Court for quashing a criminal offence or criminal proceeding or criminal complaint is guided by the material on record as to whether the ends of justice would justify such exercise of power although the ultimate consequence may be acquittal or dismissal of indictment.

B.S.Joshi, Nikhil Merchant, Manoj Sharma and Shiji do illustrate the principle that the High Court may quash criminal proceedings or FIR or complaint in exercise of its inherent power under Section 482 of the Code and Section 320 does not limit or affect the powers of the High Court under Section 482. Can it be said that by quashing criminal proceedings in B.S.Joshi, Nikhil Merchant, Manoj Sharma and Shiji this Court has compounded the non-compoundable offences indirectly? We do not think so. There does exist the distinction between compounding of an offence under Section 320 and quashing of a criminal case by the High Court in exercise of inherent power under Section 482.

The two powers are distinct and different although the ultimate consequence may be the same viz. acquittal of the accused or dismissal of indictment."

5. In a subsequent order, in the case of Narinder Singh and Ors Vs. State of Punjab and Anr. passed in Criminal Appeal No.686/2014 dated 27.03.2014 after relying on the judgment passed in the case of Gian Singh (supra), the Apex Court permitted the compounding in a non-compoundable case and quashed the criminal proceedings.

6. In the case of Daxaben vs. State of Gujarat (Arising out of SLP (Crl.) No.1132-1155 of 2022), the Apex Court held that the inherent power of the High Court under Section 482 of the Cr.P.C. is wide and can even be exercised to quash criminal proceedings relating to non-compoundable offenc