- (1.) This is a petition under Section 482 of the Code of Criminal Procedure for quashing of FIR No.34, dated 28.03.2006, under Sections 324, 323, 325, 148, 149 of the Indian Penal Code, registered at Police Station, Bhikhiwind, District Tarn Taran along with all consequential proceedings arising out from the same FIR, on the basis of compromise.
(2.) Report of learned trial Court has been received, in which, it has been categorically observed that compromise has been effected voluntarily, without any undue pressure or coercion and at their own. Both the parties also admitted the correctness and genuineness of the compromise in their respective statements. Even otherwise, the matter involved is personal in nature, which has been amicably settled in between the parties. Compromise is the soul of justice, which not only enhances the social amity, harmony and peace but also reduces friction and discord.
(3.) The Hon'ble Supreme Court in Gian Singh v. State of Punjab and another, 2012 4 RCR(Cri) 543has discussed in detail the inherent powers of High Court in quashing a criminal proceeding or FIR or complaint where the parties have entered into compromise except the cases which involve offences such as murder, rape dacoity etc. as such offences are not private in nature and have serious impact on society. In this case their lordships in para 57 held as follows:- "57. The position that emerges from the above discussion can be summarised thus: 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 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 proceedings or complaint or FlR may be exercised where the offender and 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 serious impact on society. Similarly any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc. cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and predominatingly civil favour stand on different footing for the purposes of quashing. Particularly 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 ,High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would 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 or continuation of the criminal 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 proceedings.";