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TMI Blog2018 (10) TMI 2047X X X X Extracts X X X X X X X X Extracts X X X X ..... 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.' As far as composition of offences under Sections 307 and 506 I.P.C. is concerned, the judgment of Narinder Singh and others v. State of Punjab and another [2015 (2) TMI 1042 - SUPREME COURT], has held that though the offence under Section 307 I.P.C. is serious enough, it will not be compoundable under Section 320 Cr.P.C. and it will not oust the powers of the Superior Courts exercising the powers under Section 482 Cr.P.C. to compound the offences, depending upon certain terms and conditions laid thereof. Conclusion - 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 offenses under Section 320 of the Code. The Compounding Applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... para 4 of the affidavit, filed in support of the compounding application, following averments have been made:- "4. That it is also pertinent to mention here that the applicants/accused has entered into compromise with the opposite party no. 2 to 4 outside the court and both the parties have settled their dispute outside the court and now there is no further dispute remain between the parties by the interference of the respectable persons of the society and the present criminal litigation has came to end in view of the compromise among them and the offence is of purely personal nature and without interference of this Hon'ble Court the applicants cannot entered into compromise under Sections 147, 148, 307 of IPC because both the parties cannot entered into compromise before the learned Trial Court under Section 147, 148, 307 of IPC and rest of the sections are compoundable offence. The deponent/opposite party no. 2 and 4 have entered into compromise with the applicant/accused in the present case willingly without any fear or pressure or threat. And they have no objection for quashing the entire criminal proceeding of the present case by this Hon'ble Court pending in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le in law, with or without permission of the Court. In respect of serious offences like murder, rape, dacoity, etc; or other offences of mental depravity under Indian Penal Code or offences of moral turpitude under special statutes, like Prevention of Corruption Act or the offences committed by public servants while working in that capacity, the settlement between offender and victim can have no legal sanction at all. However, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or the family dispute, where the wrong is basically to victim and the offender and victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable, the High Court may within the framework of its inherent power, quash the criminal proceeding or criminal complaint or F.I.R if it is satisfied that on the face of such settlement, there is hardly any likelihood of offender being convicted and by not quashing the criminal proceedings, justice shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld 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." 8. The Hon'ble Apex Court in the aforesaid case of Gian Singh (Supra) has also dealt with the judgment in the cases of B.S. Joshi and others v. State of Haryana and another reported in (2003) 4 SCC 675 and Nikhil Merchant v. Central Bureau of Investigation and another reported in (2008) 9 SCC 677. 9. The Hon'ble Apex Court in the case of B.S. Joshi and others v. State of Haryana reported in (2003) 4 SCC 675, has held as follows: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n facts, it was also noticed that there was no reasonable likelihood of the accused being convicted of the offence. What would happen to the trial of the case where the wife does not support the imputations made in the FIR of the type in question. As earlier noticed, now she has filed an affidavit that the FIR was registered at her instance due to temperamental differences and implied imputations. There may be many reasons for not supporting the imputations. It may be either for the reason that she has resolved disputes with her husband and his other family members and as a result thereof she has again started living with her husband with whom she earlier had differences or she has willingly parted company and is living happily on her own or has married someone else on earlier marriage having been dissolved by divorce on consent of parties or fails to support the prosecution on some other similar grounds. In such eventuality, there would almost be no chance of conviction. Would it then be proper to decline to exercise power of quashing on the ground that it would be permitting the parties to compound non-compoundable offences. Answer clearly has to be in 'negative'. It woul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r affect the powers under Section 482 and the powers conferred on the High Courts and the Supreme Court under Articles 226 and 136 of the Constitution of India. Referring to the decision of this Court in State of Haryana v. Bhajan Lal 1992 Supp (1) SCC 335 this Court observed that the categories indicated in the said case which warranted exercise of power under Section 482 CrPC were only illustrative and not exhaustive. This Court ultimately held that the High Court in exercise of its inherent powers can quash criminal proceedings or a FIR or complaint and Section 320 CrPC does not limit or affect the power of the High Court under Section 482 of the Code. 9. After considering the said decision in the light of the submissions made on behalf of the respective parties, the High Court took the view that in the Duncans Agro case (supra) this Court was considering the situation involving Section 420 IPC which was compoundable under Section 320(2) CrPC, while in the instant case, the charge sheet was also under Sections 467, 468, 471-A IPC along with the provisions of the Prevention of Corruption Act, which were non- compoundable. The High Court, therefore, held that neither of the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therefore, it is not permissible for the court to quash the criminal proceedings or FIR or complaint. * * * 4. The High Court has, by the impugned judgment, dismissed the petition filed by the Appellants seeking quashing of the FIR for in view of the High Court the offences Under Sections 498-A and 406 Indian Penal Code are non-compoundable and the inherent powers Under Section 482 of the Code cannot be invoked to bypass the mandatory provision of Section 320 of the Code. For its view, the High Court has referred to and relied upon the decisions of this Court in State of Haryana v. Bhajan Lal 1992 Suppl. (1) SCC 335], Madhu Limaye v. State of Maharashtra (1977) 4 SCC 551] and Surendra Nath Mohanty v. State of Orissa (1999) 5 SCC 238]. * * * 14. There is no doubt that the object of introducing Chapter XX-A containing Section 498-A in the Indian Penal Code was to prevent torture to a woman by her husband or by relatives of her husband. Section 498-A was added with a view to punishing a husband and his relatives who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry. The hypertechnical view would be counterproductive and would act a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Relevant paragraphs of the judgment in Gian Singh (supra) read as follows: 57. Quashing of offence or criminal proceedings on the ground of settlement between an offender and victim is not the same thing as compounding of offence. They are different and not interchangeable. Strictly speaking, the power of compounding of offences given to a court Under Section 320 is materially different from the quashing of criminal proceedings by the High Court in exercise of its inherent jurisdiction. In compounding of offences, power of a criminal court is circumscribed by the provisions contained in Section 320 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 offence or criminal proceeding or criminal complaint is guided by the material on record as to whether the ends of justice would justify such exercise of power although the ultimate consequence may be acquittal or dismissal of indictment. * * * 59. B.S. Joshi [(2003) 4 SCC 675], Nikhil Merchant (2008) 9 SCC 677], Manoj Sharma (2008) 16 SCC 1 and Shiji (2011) 10 SCC 705] do illustrate the principle that the High Court may quash criminal pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 case is put to an end and if the answer to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with regard to the extent of exercising the powers by this Court under Section 482 of the Cr.P.C. so far it relates to the composition of offences punishable under Section 307 I.P.C. as well as the offences under Sections 147, 148, 149, 323, 504 and 325 of Indian Penal Code, 1860 (henceforth to be called as 'I.P.C.') Though they have been answered by the various judgments rendered by the Hon'ble Apex Court from both the prospective but, they have to be considered together in harmony to arrive at a rationale balance in its applicability. To elucidate its applicability and to the manner, in which, it has to be applied depending upon the circumstances of the each case and the circumstances and factors leading to the commission of offence sought to be compounded. The present C482 Application would be dealing with the offences under Sections 307 and 506 I.P.C. The factual backdrop of this particular case is as under: 2. Initially, an F.I.R. was registered for offences under Sections 285 and 506 I.P.C., read with under Section 27 and u/s. 30 of the Arms Act. During the course of investigation, it was found by the Investigating Officer that the offence under Section 285 I.P. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the complainant/respondent no. 2, herein, who is present apart from filing affidavit has categorically stated before this Court that he does not want to prosecute the applicant any further for the offences under Sections 307 and 506 of I.P.C. as has been registered against the present applicant by way of criminal case. 4. The argument of the applicant's counsel is that though there had been an accidental fire without there being any deliberate and motivated intention to harm or cause injury, and rather in fact no injury was caused on respondent no. 2 and, as such, as a matter of fact, there are no ingredients available which are required for prosecution under Section 307 of I.P.C., which could be said to have been made out. In the Compounding Application, particularly in paragraph-3, it has been submitted by complainant/respondent no. 2 that he does not want to further prosecute the applicant and a written compromise has been entered into between the parties on 09.09.2018, which is on record duly signed by both the parties, where the terms of the compromise has been settled between them. The relevant part of settlement is quoted hereunder: "समझौ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2361;ैं। यह कि दिनांक 23.07.2016 को पक्षकारों की आपस में कहासुनी हो गई थी जिसके चलते प्रथमपक्ष ने गलतफहमी / आवेशवश मुकदमा अपराध संख्या - 111 / 16 थाना रायपुर में पंजीकृत करा दिया था जिसका वाद माननीय न्यायालय मुख्य न्यायिक मजिस ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ा है। यह कि अब दोनों पक्षकार हुए समझौते के क्रम में अपने अपने वाद पर कोई बल नहीं देना चाहते हैं तथा उसे समाप्त कराना चाहते हैं व मुकदमों की समाप्ति हेतु जो भी आवश्यक कार्यवाही / प्रार्थनापत्र / शपथपत्र / व्यक्ê ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dable under Section 320 Cr.P.C. The rationale behind the above philosophy is as under: 8. Principally, for the purposes of scrutinizing the ambit of power of the Courts seized with the jurisdiction under Section 482 Cr.P.C. or under Articles 226/227 of the Constitution of India, the prime consideration is that as to how the equitable balance in exercise of said powers could be struck down for the purposes of exercising the powers under Section 320 Cr.P.C. which deals with the composition of offences. The classification which has been held out by the Hon'ble Apex Court is that a distinction has to be drawn between the ground of settlement of disputes by the offenders amongst themselves in the terms acceptable by them as compared to the ambit and extent of the power, which has been given to the Court under Section 320 of the Cr.P.C. 9. As a matter of fact, on its precise reading, both the situations, i.e. when a criminal offence is being sought to be settled based on the compromise or where the criminal offences are being sought to be settled by the invocation of Section 320 Cr.P.C., they are definitely not interchangeable with one another because both are materially differen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urts, particularly, when seized with the powers under Section 482 Cr.P.C. and Articles 226/227 of the Constitution of India, it has got a wide plentitude and the same cannot be circumscribed or limited to be exercised so as to meet the ends of justice instead of strictly considering the inherent powers in relation to the powers under Section 320 Cr.P.C. What is necessary to be considered by the Constitutional Courts, while deciding the matter based on the settlement, which is distinct to the composition of scope under Section 320 Cr.P.C. These are the following wider parameters for compounding offences based on the settlement: 1. Whether such a settlement which has been arrived at between the parties for settling the criminal offence would secure the ends of justice. 2. As to whether it would prevent the abuse of process of Court unnecessarily forcing the litigants who has otherwise settled the disputes to undergo the criminal trial. 3. It has to consider its social impact and its affect on the society in an event if offence is compounded. Hence, the prime consideration for the Court is not only the nature of offence which is being sought to be settled but it also depends u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment, wider object it aims to achieve and the period at which the settlement is arrived at. 12. The aforesaid ratio as discussed, came up for consideration in the judgment of Hon'ble Apex Court in the case of Gian Singh v. State of Punjab and another reported in (2012) 10 SCC 303, wherein, in its para 57, 58 and 61, the Court has held as under:- "57. Quashing of offence or criminal proceedings on the ground of settlement between an offender and victim is not the same thing as compounding of offence. They are different and not interchangeable. Strictly speaking, the power of compounding of offences given to a court under Section 320 is materially different from the quashing of criminal proceedings by the High Court in exercise of its inherent jurisdiction. In compounding of offences, power of a criminal court is circumscribed by the provisions contained in Section 320 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 offence or criminal proceeding or criminal complaint is guided by the material on record as to whether the ends of justice would justify such exercise of power al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 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 FIR may be exercised where the offender and the 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 a serious impact on society. Similarly, any compromise between the victim and the offender in relat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... offence and that is why, it enlists the offences which are compoundable and the manner in which its composition could be made by the courts. But, it does not limit the power of High Courts while exercising its inherent powers. Section 482 of the Cr.P.C. reads as under: "482. Saving of inherent powers of High Court.- Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice." Even on a simplicitor reading of provisions contained under Section 482 Cr.P.C., which is quoted hereinabove, on its simple reading of its language and analyzing the legislative instant, it suggests that by virtue of the said provision, the power which has been vested with the Superior Courts, apart from the fact that it intends to prevent the abuse of process, it also aims to achieve the ends of justice and that is why the provision of Section 482 Cr.P.C. has been given an overriding effect to any other provisions contained in the Code because it precedes with the word "nothing in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, (i) to prevent abuse of the process of any court, or (ii) to secure the ends of justice, is a sine qua non." 16. The aforesaid preposition is guided on a principle factor that it is judicial obligation on the constitutional Courts which has to be unfettered as aimed by section 482 Cr. P.C. to prevent a public wrong which is a duty casted by implication of law, in the course of administration of justice, so as to prevent unnecessary judicial process dispensation of justice amongst litigating parties. It also constitutes to be having an inherent element of the administration of justice, which becomes an integral part of courts function. The aforesaid principle is based upon a maxim, called as "quando lex aliquid alicui concedit, conceditur et id sine quo res ipsa esse non protest." The aforesaid maxim infers that whenever a particular action is to be taken as a matter in the course of discharge of duty, which is required to be done to attain impossible, it attains to perform a real, complete and substantial justice for the purposes for which the Courts are created and possessed with its plenary powers conferred under Section C-482 Cr.P.C. 17. The Five-Judge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f powers under Section 482 Cr.P.C. The relevant part of the Five-Judges Bench judgment of Punjab and Haryana High Court in the case of Kulwinder Singh (Supra), in its para 23 and 25 has laid down as under: "23. No embargo, be in the shape of Section 320(9) CrPC, or any other such curtailment, can whittle down the power under Section 482 CrPC. * * * 25. The only inevitable conclusion from the above discussion is that there is no statutory bar under CrPC which can affect the inherent power of this Court under Section 482. Further, the same cannot be limited to matrimonial cases alone and the court has the wide power to quash the proceedings even in non-compoundable offences notwithstanding the bar under Section 320 CrPC, in order to prevent the abuse of law and to secure the ends of justice. The power under Section 482 CrPC is to be exercised ex debito justitiae to prevent an abuse of process of court. There can neither be an exhaustive list nor the defined parameters to enable a High Court to invoke or exercise its inherent powers. It will always depend upon the facts and circumstances of each case. The power under Section 482 CrPC has no limits. However, the High Court w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s under: "6. Before the High Court, it was urged that since the subject-matter of the dispute had been settled between the appellant and the Bank, it would be unreasonable to continue with the criminal proceedings which had been commenced on a complaint filed on behalf of the Bank having particular regard to Clause 11 of the consent terms by which the parties had withdrawn all claims against each other. It was submitted that the learned Special Judge had erred in rejecting the appellant's prayer for discharge from the criminal case." 21. It has been held in principle to the effect that once subject matter of the dispute, it has been voluntarily settled between the parties, it would be absolutely unreasonable to continue with the criminal proceedings which has commenced on a complaint, though, despite the fact that the offences alleged may prime facie have been made out. The Judgment of Nikhil Merchant (Supra) in its para 8 had more or less reiterated the ratio as laid down by the Hon'ble Apex Court in the judgment of State of Haryana v. Bhajan Lal reported in 1992 Supp. (1) SCC 335, which too, has provided the determination of powers of the High Courts under S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e criminal proceedings, justice shall be casualty and ends of justice shall be defeated. 23. The Hon'ble Apex Court in the aforesaid case of Gian Singh (Supra) has also dealt with the judgment in the cases of B.S. Joshi and others v. State of Haryana and another reported in (2003) 4 SCC 675 and Nikhil Merchant (Supra). 24. The Hon'ble Apex Court in the case of B.S. Joshi (Supra), has held as follows: "6. In Pepsi Food Ltd. & Anr. v. Special Judicial Magistrate & Ors. [(1998) 5 SCC 749], this Court with reference to Bhajan Lal's case observed that the guidelines laid therein as to where the court will exercise jurisdiction under Section 482 of the Code could not be inflexible or laying rigid formulae to be followed by the courts. Exercise of such power would depend upon the facts and circumstances of each case but with the sole purpose to prevent abuse of the process of any court or otherwise to secure the ends of justice. It is well settled that these powers have no limits. Of course, where there is more power, it becomes necessary to exercise utmost care and caution while invoking such powers. 8. It is, thus, clear that Madhu Limaye's case does not lay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rlier marriage having been dissolved by divorce on consent of parties or fails to support the prosecution on some other similar grounds. In such eventuality, there would almost be no chance of conviction. Would it then be proper to decline to exercise power of quashing on the ground that it would be permitting the parties to compound non-compoundable offences. Answer clearly has to be in 'negative'. It would, however, be a different matter if the High Court on facts declines the prayer for quashing for any valid reasons including lack of bona fides. 11. In Madhavrao Jiwajirao Scindia & Ors. v. Sambhajirao Chandrojirao Angre & Ors. [(1988) 1 SCC 692], it was held that while exercising inherent power of quashing under Section 482, it is for the High Court to take into consideration any special features which appear in a particular case to consider whether it is expedient and in the interest of justice to permit a prosecution to continue. Where, in the opinion of the Court, chances of an ultimate conviction is bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue, the court may, while taking into consideration the speci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dgment rendered by the Punjab and Haryana High Court, wherein, while exercising the jurisdiction under Section C-482 Cr.P.C., the High Court has declined to quash the F.I.R. under Sections 307, 324 and 323/34 I.P.C., based on the compromise entered between the victim and the offender and the reason for refusal which has been recorded by the Punjab and Haryana High Court was that the offence being heinous in nature would fall to be an offence not compoundable under Section 320 of the Cr.P.C and bar of Sub-section (9) of Section 320 of the Cr.P.C. come into play as it has an element of being a social offence and also the stage at which, the settlement for the offences aforesaid was under consideration, was an issue before the High Court was the stage when the investigation stood completed, challan has been presented in the Court and the accused were charged and the matter was pending before the Trial Court. It was at that stage that in C-482 proceedings by way of criminal petition, a prayer was made for quashing of the F.I.R.. In the said case, settlement thus arrived, following assertions were made:- 1. Complainant has specially made a statement that he has no intention to prosecu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der Section 320 of the Cr.P.C. Para 9 of the judgment of Narendra Singh (Supra) reads as under:- "9. At the same time, one has to keep in mind the subtle distinction between the power of compounding of offences given to the court under Section 320 of the Code and quashing of criminal proceedings by the High Court in exercise of its inherent jurisdiction conferred upon it under Section 482 of the Code. Once it is found that compounding is permissible only if a particular offence is covered by the provisions of Section 320 of the Code and the court in such cases is guided solitarily and squarely by the compromise between the parties, insofar as power of quashing under Section 482 of the Code is concerned, it is guided by the material on record as to whether the ends of justice would justify such exercise of power, although the ultimate consequence may be acquittal or dismissal of indictment." 29. The normal philosophy and the psychology with courts which persists when an offence of such nature comes into consideration before the Court of law pertaining to a bodily harm being inflicted, whereas, in the instant case which happens to be contended to be an attempt to take l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ever else may be, must be fair and conducive to good rather than further evil. If in a particular case the court is of the opinion that the settlement between the parties would lead to more good; better relations between them; would prevent further occurrence of such encounters between the parties, it may hold settlement to be on a better pedestal. It is a delicate balance between the two conflicting interests which is to be achieved by the court after examining all these parameters and then deciding as to which course of action it should take in a particular case." 30. About the nature of offence as contemplated under Section 307 I.P.C. which is normally dealt with as to be a public offence, this aspect was considered in Dimpey Gujral Case (Supra), which, in turn, while considering the ratio rendered in Gian Singh case (Supra), has held that if the three ratio are read harmoniously, it has been provided that the interpretation given to the offence under Section 307 IPC may be that they are social offence and it ought to be made punishable so as to made deterrent for offenders at large but simultaneously while referring to the said judgment of Dimpey Gujral (Supra), as well ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e subordinate courts, to follow under Article 141 of the Constitution of India. Stare decisis is the fundamental principle of judicial decision-making which requires "certainty" too in law so that in a given set of facts the course of action which law shall take is discernible and predictable. Unless that is achieved, the very doctrine of stare decisis will lose its significance. The related objective of the doctrine of stare decisis is to put a curb on the personal preferences and priors of individual Judges. In a way, it achieves equality of treatment as well, inasmuch as two different persons faced with similar circumstances would be given identical treatment at the hands of law. It has, therefore, support from the human sense of justice as well. The force of precedent in the law is heightened, in the words of Karl Llewellyn, by "that curious, almost universal sense of justice which urges that all men are to be treated alike in like circumstances". 23. As there is a close relation between equality and justice, it should be clearly discernible as to how the two prosecutions under Section 307 IPC are different in nature and therefore are given different treat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore, of the opinion that while taking a call as to whether compromise in such cases should be effected or not, the High Court should go by the nature of injury sustained, the portion of the bodies where the injuries were inflicted (namely, whether injuries are caused at the vital/delicate parts of the body) and the nature of weapons used, etc. On that basis, if it is found that there is a strong possibility of proving the charge under Section 307 IPC, once the evidence to that effect is led and injuries proved, the Court should not accept settlement between the parties. On the other hand, on the basis of prima facie assessment of the aforesaid circumstances, if the High Court forms an opinion that provisions of Section 307 IPC were unnecessarily included in the charge-sheet, the Court can accept the plea of compounding of the offence based on settlement between the parties." 32. However, the said judgment has created a specific bar that when such an agreement for settling the dispute of a heinous crime is based on the compromise which is being sought to be arrived at, at an appellate stage, when the accused has already been held guilty, no such power of composition of offe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 IPC 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 IPC 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 IPC 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 IPC. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s as a matter of fact even the Hon'ble Apex Court has laid down that it would not be safe to hold that there is an absolute bar of compounding the heinous offence, but, only precautions are the guidelines which have been laid down by the Hon'ble Apex Court in para 29 of the Narinder Singh (Supra) case. 33. Often, whenever the question comes as to whether an offence is compoundable or not and whether the High Courts, which exercising its powers under Section C-482 Cr.P.C. or under Articles 226/227 of the Constitution of India, is seized with the settlement, what would be the extent of its power, it has to consider it from the view point with regard to nature of offence, which is being sought to be compounded, if it happens to be of personal nature, for example, that of matrimonial dispute, financial transactions, company matters or matter pertaining to the Negotiable Instruments Act, the composition under Section 320 Cr.P.C. or based on a settlement, has to be entered into keeping in mind the personal nature of dispute as the settlement will not at all affect a public policy, rather it would result into the settlement of personal dispute. This is the broader ratio as laid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stances of the present case, we are of the view that the learned Single Judge did not commit any error of law in quashing the FIR after not only the complainant and the appellant settled their money dispute but also the other alleged sufferers entered into an agreement with the appellant, and as such, they too settled their claims." The aforesaid judgment of Gold Quest International (Supra) has been rendered considering the principle laid down by the Hon'ble Apex Court in Gian Singh as well as in Nikhil Merchant (Supra) cases. 35. The wider amplitude of powers which the High Courts have held are not circumscribed to limit its plenary powers. The Hon'ble Apex Court in the case of State of Haryana and others v. Bhajan Lal and others reported in 1992, Supl (1) SCC 335, while considering the contention in its para 102 has classified the situation where and the circumstances under which the constitutional Courts can exercise its powers, has held in para 102 as under:- "102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accused and with a view to spite him due to private and personal grudge." 36. An altogether a new aspect has been considered and propounded by the Hon'ble Apex Court in the matter of Pepsi Foods Ltd. and another v. Special Judicial Magistrate and others reported in (1998) 5 SCC 749. The Apex Court, while dealing with the powers of the High Court in the matters of compounding the offences, has laid down that the exercise of powers of judicial review conferred to the High Courts is not only to ensure administration of justice, but it is also of a judicial nature, which intends to prevent the abuse of the process by the inferior courts and also to see that stream of justice remains clean and pure and attains the social objective. To attain the wider principle as considered by the Apex Court, it has been held that the powers of the High Court is not limited but only thing is that while exercising the same, the Court has to be extremely cautious and due care has to be taken and that is why it has been laid down that the powers under Section 482 Cr.P.C. which has been given an overriding power to the provision of the Code of Criminal Procedure would be an inflexible power and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nclature under which petition is filed is not quite relevant and that does not debar the court from exercising its jurisdiction which otherwise it possesses unless there is special procedure prescribed which procedure is mandatory. If in a case like the present one the court finds that the appellants could not invoke its jurisdiction under Article 226, the court can certainly treat the petition as one under Article 227 or Section 482 of the Code. It may not however, be lost sight of that provisions exist in the Code of revision and appeal but some time for immediate relief Section 482 of the Code or Article 227 may have to be resorted to for correcting some grave errors that might be committed by the subordinate courts. The present petition though filed in the High Court as one under Articles 226 and 227 could well be treated under Article 227 of the Constitution. 28. Summoning of an accused in a criminal case is a serious matter. Criminal law cannot be set into motion as a matter of course. It is not that the complainant has to bring only two witnesses to support his allegations in the complaint to have the criminal law set into motion. The order of the Magistrate summoning the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised." 6. In Pepsi Foods Ltd. v. Special Judicial Magistrate this Court with reference to Bhajan Lal case observed that the guidelines laid therein as to where the court will exercise jurisdiction under Section 482 of the Code could not be inflexible or laying rigid formulae to be followed by the courts. Exercise of such power would depend upon the facts and circumstances of each case but with the sole purpose to prevent abuse of the process of any court or otherwise to secure the ends of justice. It is well settled that these powers have no limits. Of course, where there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompound an offence under Section 320 of the Code. The Apex Court went on to hold that the inherent powers are of wide amplitude with the no statutory limitations, but the same is to be exercised either to secure the ends of justice or to prevent the abuse of the process of any court. Thus where the offender and the victim have settled their dispute in respect of an offence, which is neither heinous and serious, nor involved any mental depravity relating to an offence like murder, rape, dacoity etc, such proceedings can be quashed on the basis of settlement, but the offence should be private in nature and should not have any societal impact, such as an offence under the Prevention of Corruption Act or an offence involving public servants in discharge of duties etc. But criminal cases having a predominantly civil flavour, such as commercial, financial mercantile civil partnership etc. or family disputes are such instances, where prosecution could be quashed subject to a settlement." 40. Even recently, the Hon'ble Apex Court in the case of Parbatbhai Aahir Alias Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujrat and another reported in (2017) 9 SCC 641 was dealing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se 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. (8) 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. Economic offences involving the financial and economic well-being of the State have implications which lie beyond the domain of a mere dispute between the 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. 41. In view of discussions and reasons enumerated, the conclusion which could be safely deduced is that the powers under Section 320 Cr.P.C. of compounding of offences within its ambit will have to read distinct to the powers vested with superior Courts under Section 482 Cr.P.C. and Writ Courts under Articles 226 and 227 o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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