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TMI Blog2019 (3) TMI 1935X X X X Extracts X X X X X X X X Extracts X X X X ..... is Court further observed that in compounding the offences, the power of a criminal court is circumscribed by the provisions contained in Section 320 Code of Criminal Procedure 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 proceedings or criminal complaint Under Section 482 Code of Criminal Procedure is guided by the material on record as to whether ends of justice would justify such exercise of power, although ultimate consequence may be acquittal or dismissal of indictment. However, in the subsequent decision in the case of Narinder Singh (supra), the very Bench ultimately concluded that Power conferred Under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences Under Section 320 of the Code. No doubt, Under Section 482 of the Code, 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 caution. It is observed and held as under: i) that the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tter is still under investigation. Therefore, the ultimate conclusion in paragraphs 29.6 and 29.7 of the decision of this Court in the case of Narinder Singh (supra) should be read harmoniously and to be read as a whole and in the circumstances stated; v) while exercising the power Under Section 482 of the Code to quash the criminal proceedings in respect of non-compoundable offences, which are private in nature and do not have a serious impact on society, on the ground that there is a settlement/compromise between the victim and the offender, the High Court is required to consider the antecedents of the Accused; the conduct of the Accused, namely, whether the Accused was absconding and why he was absconding, how he had managed with the complainant to enter into a compromise etc. Appeal allowed. - Criminal Appeal Nos. 349 and 350 of 2019 - - - Dated:- 5-3-2019 - A.K. Sikri, S. Abdul Nazeer And M.R. Shah, JJ. For Appellant: Swarupama Chaturvedi, B.N. Dubey, Mukesh Kumar, Indira Bhakar, Aparna Trivedi, Santanu Singh, Rahul Kaushik, Bhuvneshwari Pathak, Shilpi Satyapriya Satyam, Siddharth Chakravorty and Arjun Garg, Advs. For Respondents: Mridula Ray Bhardwaj, Adv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 3 herein) and two unknown persons came near to the complainant and his machine and told him to run away, then somebody told to Sanjeev (Respondent No. 2 herein) to fire and then Sanjeev fired on the complainant and then they ran away. The complainant fell from the machine. The bullet hit the complainant on elbow of right hand. Somehow the complainant managed to reach the village and a person called a car and admitted the complainant in District Hospital. 3.1. That on 04.03.2013, the duty doctor in the District Hospital informed the police and on the basis of the statement of the complainant, a Dehati Nalishi bearing No. 0/13 was registered Under Sections 307 and 34 of the Indian Penal Code. 3.2. That the medical examination of the injured complainant was conducted at District Hospital and five injuries were found on his body and injuries Nos. 1 to 4 were opined to be caused by fire arm and injury No. 5 was advised for x-ray. 3.3. That on 05.03.2013, the police reached on the spot and prepared spot map; statement of witnesses were recorded Under Section 161 of the Code of Criminal Procedure and the police seized simple soil, blood stained soil and other articles from th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsel that the High Court ought to have appreciated that in all the cases where the complainant has compromised/entered into a settlement with the Accused, that need not necessarily mean resulting into no chance of recording conviction and/or the entire exercise of a trial destined to be exercise of futility. It is vehemently submitted by the learned Counsel appearing on behalf of the Appellant-State that in a given case despite the complainant may not support in future and in the trial in view of the settlement and compromise with the Accused, still the prosecution may prove the case against the Accused persons by examining the other witnesses, if any, and/or on the basis of the medical evidence and/or other evidence/material. It is submitted that in the present cases the investigation was in progress and even the statement of the witnesses was recorded and the medical evidence was also collected. It is submitted that therefore in the facts and circumstances of the case, the High Court has clearly erred in considering and relying upon the decision of this Court in the case of Shiji (supra). 6.4. It is further submitted by the learned Counsel appearing on behalf of the Appellant- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccused persons and the entire exercise of a trial would be exercise in futility, the High Court has quashed the FIR. 9.1. However, the High Court has not at all considered the fact that the offences alleged were non-compoundable offences as per Section 320 of the Code of Criminal Procedure From the impugned judgment and order, it appears that the High Court has not at all considered the relevant facts and circumstances of the case, more particularly the seriousness of the offences and its social impact. From the impugned judgment and order passed by the High Court, it appears that the High Court has mechanically quashed the FIR, in exercise of its powers Under Section 482 Code of Criminal Procedure. The High Court has not at all considered the distinction between a personal or private wrong and a social wrong and the social impact. As observed by this Court in the case of State of Maharashtra v. Vikram Anantrai Doshi, (2014) 15 SCC 29, the Court's principal duty, while exercising the powers Under Section 482 Code of Criminal Procedure to quash the criminal proceedings, should be to scan the entire facts to find out the thrust of the allegations and the crux of the settlement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent 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, the High Court may quash the criminal proceedings if in its view, because of the compromise between the offender and the victim, the possibility of conviction is remote and bleak and continuation of the criminal case would put the 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 the wrongdoer and whether to secure the ends of justice, it is appropriate that the criminal cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies have resolved their entire disputes among themselves. 29.5. While exercising its powers, the 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. 29.6. Offences Under Section 307 Indian Penal Code would fall in the category of heinous and serious offences and therefore are to be generally treated as crime against the society and not against the individual alone. However, the High Court would not rest its decision merely because there is a mention of Section 307 Indian Penal Code in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of Section 307 Indian Penal Code is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to proving the charge Under Section 307 Indian Penal Code. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delegate parts of the bod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heinous crime and, therefore, there is no question of sparing a convict found guilty of such a crime. 9.4. In the case of Parbatbhai Aahir (supra), again this Court has had an occasion to consider whether the High Court can quash the FIR/complaint/criminal proceedings, in exercise of the inherent jurisdiction Under Section 482 Code of Criminal Procedure Considering a catena of decisions of this Court on the point, this Court summarised the following propositions: (1) Section 482 Code of Criminal Procedure 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. (2) 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 Code of Criminal Procedure. The power t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. The consequences of the act complained of upon the financial or economic system will weigh in the balance. 9.5. In the case of Manish (supra), this Court has specifically observed and held that, when it comes to the question of compounding an offence Under Sections 307, 294 and 34 Indian Penal Code, by no stretch of imagination, can it be held to be an offence as between the private parties simpliciter. It is observed that such offences will have a serious impact on the society at large. It is further observed that where the Accused are facing trial Under Sections 307 read with Section 34 Indian Penal Code, as the offences are definitely against the society, Accused will have to necessarily face trial and come out unscathed by demonstrating their innocence. 9.6. In the case of Deepak (supra), this Court has specifically observed that as offence Under Section 307 Indian Penal Code is non-compoundable and as the offence Under Section 307 is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontinuance of the prosecution where the complainant is not ready to support the allegations...will be a futile exercise that will serve no purpose'. In the aforesaid case, it was also further observed 'that even the alleged two eyewitnesses, however, closely related to the complainant, were not supporting the prosecution version', and to that this Court observed and held 'that the continuance of the proceedings is nothing but an empty formality and Section 482 Code of Criminal Procedure can, in such circumstances, be justifiably invoked by the High Court to prevent abuse of the process of law and thereby preventing a wasteful exercise by the courts below. Even in the said decision, in paragraph 18, it is observed as under: 18. Having said so, we must hasten to add that the plenitude of the power Under Section 482 Code of Criminal Procedure by itself, makes it obligatory for the High Court to exercise the same with utmost care and caution. The width and the nature of the power itself demands that its exercise is sparing and only in cases where the High Court is, for reasons to be recorded, of the clear view that continuance of the prosecution would be nothing but ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contained in Section 320 Code of Criminal Procedure 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 proceedings or criminal complaint Under Section 482 Code of Criminal Procedure is guided by the material on record as to whether ends of justice would justify such exercise of power, although ultimate consequence may be acquittal or dismissal of indictment. However, in the subsequent decision in the case of Narinder Singh (supra), the very Bench ultimately concluded in paragraph 29 as under: 29. In view of the aforesaid discussion, we sum up and lay down the following principles by which the High Court would be guided in giving adequate treatment to the settlement between the parties and exercising its power Under Section 482 of the Code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings: 29.1. Power conferred Under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences Under Section 320 of the Code. No doubt, Under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld lead to proving the charge Under Section 307 Indian Penal Code. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delegate parts of the body, nature of weapons used, etc. Medical report in respect of injuries suffered by the victim can generally be the guiding factor. On the basis of this prima facie analysis, the High Court can examine as to whether there is a strong possibility of conviction or the chances of conviction are remote and bleak. In the former case it can refuse to accept the settlement and quash the criminal proceedings whereas in the latter case it would be permissible for the High Court to accept the plea compounding the offence based on complete settlement between the parties. At this stage, the Court can also be swayed by the fact that the settlement between the parties is going to result in harmony between them which may improve their future relationship. 29.7. While deciding whether to exercise its power Under Section 482 of the Code or not, timings of settlement play a crucial role. Those cases where the settlement is arrived at immediately after the alleged commis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not to be exercised for the offences under the special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender; iv) offences Under Section 307 Indian Penal Code and the Arms Act etc. would fall in the category of heinous and serious offences and therefore are to be treated as crime against the society and not against the individual alone, and therefore, the criminal proceedings for the offence Under Section 307 Indian Penal Code and/or the Arms Act etc. which have a serious impact on the society cannot be quashed in exercise of powers Under Section 482 of the Code, on the ground that the parties have resolved their entire dispute amongst themselves. However, the High Court would not rest its decision merely because there is a mention of Section 307 Indian Penal Code in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of Section 307 Indian Penal Code is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shed and set aside, and the FIR/investigation/criminal proceedings be proceeded against the Accused, and they shall be dealt with, in accordance with law. Criminal Appeal No. 350 of 2019 16. So far as Criminal Appeal arising out of SLP 10324/2018 is concerned, by the impugned judgment and order, the High Court has quashed the criminal proceedings for the offences punishable Under Sections 323, 294, 308 34 of the Indian Penal Code, solely on the ground that the Accused and the complainant have settled the matter and in view of the decision of this Court in the case of Shiji (supra), there may not be any possibility of recording a conviction against the accused. Offence Under Section 308 Indian Penal Code is a non-compoundable offence. While committing the offence, the Accused has used the fire arm. They are also absconding, and in the meantime, they have managed to enter into a compromise with the complainant. Therefore, for the reasons stated above, this appeal is also allowed, the impugned judgment and order dated 28.05.2018 passed by the High Court in Miscellaneous Criminal Case No. 19309/2018 is hereby quashed and set aside, and the FIR/investigation/criminal proceedi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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