9911796707
TMI Blog2018 (11) TMI 762X X X X Extracts X X X X X X X X Extracts X X X X ..... e appeal filed by the petitioner against the conviction and sentence as imposed by the learned trial Court was unsuccessfully assailed before the learned Additional Sessions (I), Shimla, H.P., constraining the petitioner to file the present revision petition. However, during the pendency of the petition, the parties expressed their desire to compromise the matter and accordingly Shri G.D.Verma, learned Senior Advocate of this Court was appointed as a Mediator. 2. It is heartening to note that because of the efforts put in by the learned Mediator, the parties have amicably compromised the dispute whereby full and final claim of the respondent has been settled at Rs. 1,10,000/-, out of which Rs. 70,000/- were paid by the petitioner to the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , wherein after taking into consideration the entire law on the subject, the Hon'ble Supreme Court has laid down the following broad principles for exercise of powers under Section 482 of the Code which read thus:- "(i) Section 482 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. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court; (ii) The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences; (vii) As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing in so far as the exercise of the inherent power to quash is concerned; (viii) Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute; (ix) In such a case, the High Court may quash the criminal proceeding if in view of the compromise bet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er XVII of the Act. Thus read, principle of Section 258 Cr.P.C. will apply and the Court can close the proceedings and discharge the accused on satisfaction that the cheque amount with assessed costs and interest is paid and if there is no reason to proceed with the punitive aspect. 18.2. The object of the provision being primarily compensatory, punitive element being mainly with the object of enforcing the compensatory element, compounding at the initial stage has to be encouraged but is not debarred at later stage subject to appropriate compensation as may be found acceptable to the parties or the Court. 18.3. Though compounding requires consent of both parties, even in absence of such consent, the Court, in the interests of justice, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3) is considered inadequate, having regard to the amount of the cheque, the financial capacity and the conduct of the accused or any other circumstances." 6. It is evident from the aforesaid judgment that this Court after being satisfied that the cheque amount with the assessed cost and interest has been paid, can close the proceedings even in absence of the complainant. 7. The issue is no longer res integra in view of the very recent judgment of the Hon'ble Supreme Court in Bhangu Trading Co. and another versus Surjit Singh (dead) through LRs, Criminal Appeal Nos. 808 and 809 of 2018 decided on 02.07.2018 and in terms of the subsequent judgment in N.P. Murugesan versus C. Krishnamurthy, Criminal Appeal No.818 of 2018, decided on 04.07.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
