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TMI Blog2018 (11) TMI 1302X X X X Extracts X X X X X X X X Extracts X X X X ..... vent abuse of process of the Court, especially, when the petitioner is facing pangs and suffered agony of protracted trial and thereafter appeal/revision for the last seven years and has paid the entire compensation amount. This is a fit case to exercise the powers not only under Sections 397, 401 and Section 482 of the Code, but even under Section 147 of the Act - the impugned substantive sentence of simple imprisonment imposed in this case shall stand modified and substituted in lieu of the compensation amount of ₹ 5,50,000/- that stands already paid/deposited by the petitioner - petition disposed off. - Cr. Revision No. 22 of 2017. - - - Dated:- 19-11-2018 - Mr. Justice Tarlok Singh Chauhan, Judge. For the Petitioner : M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... already deposited a sum of Rs. ₹ 2,75,000/- before the learned trial Court. Further, petitioner who is present in person, handed over a sum of ₹ 2,05,000/- in open Court to learned counsel for respondent No.1. Furthermore, a perusal of the order sheet reveals that a sum of ₹ 70,000/- were handed over in Court to learned counsel for respondent No.1 on 01.06.2018. Learned counsel for the petitioner also states that in this way the entire compensation amount stands paid. This statement of learned counsel for the petitioner is not disputed by learned counsel for complainant/respondent No.1. Since the entire compensation amount stands paid, therefore, the matter can be given quietus in terms of the judgments rendered by the Hon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is noncompoundab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and (x) There is yet an exception to the principle set out in propositions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 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, on being satisfied that the complainant has been duly compensated, can in its discretion close the proceedings and discharge the accused. 18.4. Procedure for trial of cases under C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 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. 8. 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 04.07.2018, wherein it was observed as under:- Leave granted. 2 . The appellant is before this Court aggrieved by the conviction and sen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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