High Court of Himachal Pradesh

Vipin Kumar and Ors. Vs. Kiran Bala and Ors.

MANU/HP/2079/2019

02.12.2019

Criminal

High Court has inherent power to quash criminal proceedings even in the cases which are not compoundable but where parties have settled the matter between themselves

By way of present petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) a prayer has been made on behalf of the Petitioner(s), for quashing of private complaint pending before the learned Additional Chief Judicial Magistrate under Sections 323, 149, 341, 354, 380, 452, 509 and 506 read with Section 34 of Indian Penal Code, 1860 (IPC) and FIR under Sections 341, 323, 504 and 34 of IPC, registered with Police Station as well as consequent proceedings pending before the court below, on the basis of compromise/amicable settlement arrived inter-se parties.

Since the petitions have been filed under Section 482 CrPC, this Court deems it fit to consider the present petitions in the light of the judgment passed by Hon'ble Apex Court in Narinder Singh and others versus State of Punjab and another, whereby Hon'ble Apex Court has formulated guidelines for accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings. Hon'ble Apex Court has returned the findings that power conferred under Section 482 of the CrPC is to be distinguished from the power which lies in the Court to compound the offences under section 320 of the CrPC. No doubt, under section 482 of the CrPC, 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 great caution.

Hon'ble Apex Court has though held that, heinous and serious offences of mental depravity, murder, rape, dacoity etc. cannot appropriately be quashed though the victim or the family of the victim have settled the dispute, but it has also observed that while exercising its powers, High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases. Hon'ble Apex Court has further held that, Court while exercising power under Section 482 CrPC can also be swayed by the fact that settlement between the parties is going to result in harmony between them, which may improve their future relationship.

Hon'ble Apex Court in its judgment rendered in State of Tamil Nadu v R Vasanthi Stanley, has reiterated that Section 482 of CrPC preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice and has held that the power to quash under Section 482 of CrPC is attracted, even if the offence is non-compoundable. In the aforesaid judgment Hon'ble Apex Court has held that while forming an opinion whether a criminal proceedings or complaint should be quashed in exercise of its jurisdiction under Section 482 of CrPC, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power.

In view of the averments contained in the petition as well as the submissions made by the learned counsel for the parties that, the matter has been compromised. In view of the well settled proposition of law as well as the compromise being genuine, complaint, pending before the learned Additional Chief Judicial Magistrate as well as consequent proceedings pending before the court below are ordered to be quashed and set-aside. The present petitions are allowed.

Relevant

Narinder Singh and others versus State of Punjab and another MANU/SC/0235/2014
, State of Tamil Nadu v R Vasanthi Stanley MANU/SC/1028/2015

Tags : Complaint Quashing of Settlement Parties

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