Vijay And Others vs State Of Uttarakhand & Another

R.C. Khulbe, J

By way of present application, moved under Section 482 of Cr.P.C. the applicants seek to quash entire proceedings of Criminal Case No.2843 of

2013, State Vs. Anil and others, under Sections 147, 148, 323, 504, 506 IPC, P.S. Kotwali, District-Dehradun pending in the Court of Additional Chief

Judicial Magistrate-Vth, Dehradun along with charge sheet dated 25.05.2015 filed in Case Crime No.79 of 2005, summoning order dated 09.12.2005

as well as subsequent orders issuing bailable and non-bailable warrants in terms of compromise arrived between the parties.

The parties have filed a Compounding Application no.4099 of 2019 to show that the parties have buried their differences and have settled their

disputes amicably.

It is contended by learned counsel for the State that the offences punishable under Sections 147 and 148 IPC are not compoundable offences.

The Apex Court has dealt with the consequence of a compromise in regard to non-compoundable offences in the case of B.S.Joshi and others vs.

State of Haryana and another, (2003)4 SCC 675 and has held as below

“If for the purpose of securing the ends of justice, quashing of FIR becomes necessary, Section 320 Cr.P.C. would not be a bar to the exercise of

power of quashing. It is, however, a different matter depending upon the facts and circumstances of each case whether to exercise or not such a

power.â€​

Thus, the High Court, in exercise of its inherent power can quash criminal proceedings or FIR or complaint and Section 320 of Cr.P.C. does not limit

or affect the powers under Section 482 of the Code of Criminal Procedure, 1973.

Hon’ble Supreme Court has permitted compounding of such offences in the decision of Nikhil Merchant v. CBI and another, (2008) 9 SCC

650.

Learned counsel for the parties also drew the attention of this Court towards the ruling of Gian Singh v. State of Punjab and another, (2013) 1 SCC

(Cri) 160, in which Hon’ble Supreme Court observed as below:

“The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or

FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences

under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline

engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the

criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and

circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the

nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly

quashed even though the victim or victim’s family and the offender have settled the dispute. Such offences are not private in nature and have

serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention

of Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal

proceedings involving such offences. But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the

purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the

offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the

parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the

compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to

great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement

and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to

continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and

compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the

answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.â€​

Parties are present before this Court and duly identified by their respective counsel.

Although the offences punishable under Sections 147 and 148 IPC are not compoundable offences but considering the fact that the offences

punishable under Sections 323, 504 and 506 IPC are compoundable offences and also the fact that respondent no.2 has filed an affidavit stating that

the matter has been settled amicably between the parties, it would be just and appropriate to allow the present compounding applications in the interest

of justice.

Accordingly, the compounding application is allowed. The entire proceedings of Criminal Case No.2843 of 2013, State Vs. Anil and others, under

Sections 147, 148, 323, 504, 506 IPC, P.S. Kotwali, District-Dehradun pending in the Court of Additional Chief Judicial Magistrate-Vth, Dehradun

along with charge sheet dated 25.05.2015 filed in Case Crime No.79 of 2005, summoning order dated 09.12.2005 as well as subsequent orders issuing

bailable and non-bailable warrants, is hereby quashed, qua the present applicants only, on the basis of compromise arrived between the parties.

Present C482 application stands disposed of, as above.

Pending applications, if any, also stand disposed of accordingly.