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TMI Blog2022 (6) TMI 554X X X X Extracts X X X X X X X X Extracts X X X X ..... e parties have settled the matter between themselves. The Hon'ble Apex Court in case GIAN SINGH VERSUS STATE OF PUNJAB ANOTHER [ 2012 (9) TMI 1112 - SUPREME COURT ] has held that power of the High Court in quashing of the criminal proceedings or FIR or complaint in exercise of its inherent power is distinct and different from the power of a Criminal Court for compounding offences under Section 320 Cr.P.C. Even in the judgment passed in Narinder Singh's case, the Hon'ble Apex Court has held that while exercising inherent power under Section 482 Cr.P.C. the Court must have due regard to the nature and gravity of the crime and its social impact and it cautioned the Courts not to exercise the power for quashing proceedings in heinous and serious offences of mental depravity, murder, rape, dacoity etc. Since the matter stands compromised between the parties, prayer made in the petition at hand can be accepted. In DAMODAR S. PRABHU VERSUS SAYED BABALAL H. [ 2010 (5) TMI 380 - SUPREME COURT ], the Hon'ble Apex Court has categorically held that court, while exercising power under Section 147 of the Act, can proceed to compound the offence even after recording of co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmitted offence under Section 138 of the Act and accordingly, convicted and sentenced him to undergo simple imprisonment for four months and pay compensation to the tune of Rs. 72,480/-. 4. Being aggrieved and dissatisfied with the aforesaid judgment of conviction recorded by the court below, accused preferred an appeal in the court of learned Additional Sessions Judge, Sundernagar, District Mandi, H.P., which also came to be dismissed vide judgment dated 11.3.2022, as a consequence of which, judgment of conviction recorded by the learned trial Court came to be upheld. Since after recording of the afore judgment, petitioner entered into compromise with the complainant and paid the entire amount of compensation, he has approached this Court by way of instant proceedings for compounding of offence and thereafter his acquittal after setting aside the judgments of conviction recorded by the courts below. 5. While inviting attention of this Court to the compromise (Annexure P-3), Mr. V.B. Verma, learned counsel representing the petitioner, argued that since entire payment of compensation awarded by the learned trial court stands paid to the respondent-complainant, this Court while ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m 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 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. 29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure: (i) ends of justice, or (ii) to prevent abuse of the process of any Court. While exercising the power under Section 482 Cr.P.C. the High Court is to form an opinion on either of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 commission of offence and the matter is still under investigation, the High Court may be liberal in accepting the settlement to quash the criminal proceedings/investigation. It is because of the reason that at this stage the investigation is still on and even the charge sheet has not been filed. Likewise, those cases where the charge is framed but the evidence is yet to start or the evidence is still at infancy stage, the High Court can show benevolence in exercising its powers favourably, but after prima facie assessment of the circumstances/material mentioned above. On the other hand, where the prosecution evidence is almost complete or after the conclusion of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be established by producing the doctor as witness who conduced medical examination, it may become difficult to prove as to who caused these injuries. The chances of conviction, therefore, appear to be remote. It would, therefore, be unnecessary to drag these proceedings. We, taking all these factors into consideration cumulatively, are of the opinion that the compromise between the parties be accepted and the criminal proceedings arising out of FIR No. 121 dated 14.7.2010 registered with police station Lopoke, District Amritsar Rural be quashed. We order accordingly. 9. The Hon'ble Apex Court in case Gian Singh v. State of Punjab and anr. (2012) 10 SCC 303 has held that power of the High Court in quashing of the criminal proceedings or FIR or complaint in exercise of its inherent power is distinct and different from the power of a Criminal Court for compounding offences under Section 320 Cr.P.C. Even in the judgment passed in Narinder Singh's case, the Hon'ble Apex Court has held that while exercising inherent power under Section 482 Cr.P.C. the Court must have due regard to the nature and gravity of the crime and its social impact and it cautioned the Courts not t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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