Inherent criminal powers can quash non-compoundable cases on genuine compromise, even after conviction and during appeal.

Section 482 CrPC is described as an inherent power distinct from the statutory scheme of compounding under Section 320, so non-compoundable proceedings may still be quashed where there is a genuine settlement and the dispute is predominantly personal or civil in nature. The note also states that this power can be exercised even after conviction, including during a pending appeal, if the compromise is voluntary, bona fide, and continuation of the case would amount to abuse of process and defeat the ends of justice. On that basis, the conviction and complaint were stated to have been set aside for the petitioners.

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Issues: (i) Whether the High Court's inherent power under Section 482 of the Code of Criminal Procedure, 1973 is controlled by Section 320 of that Code when the offences are not compoundable but the parties have settled the dispute; (ii) Whether the High Court can quash criminal proceedings on the basis of compromise after the accused has been convicted by the trial court and the appeal against conviction is pending.

Issue (i): Whether the High Court's inherent power under Section 482 of the Code of Criminal Procedure, 1973 is controlled by Section 320 of that Code when the offences are not compoundable but the parties have settled the dispute.

Analysis: The inherent power to secure the ends of justice is distinct from the statutory power of compounding. Section 320 governs compounding only in respect of compoundable offences, while Section 482 preserves a wider jurisdiction to prevent abuse of process and to bring litigation to an end where the dispute is genuinely settled. Such power is to be exercised sparingly and with caution, and is not suited to serious or heinous crimes, but it is available in cases having predominantly private or civil flavour, including family disputes.

Conclusion: The High Court's power under Section 482 is not controlled by Section 320, and it can quash non-compoundable proceedings in an appropriate case of genuine settlement.

Issue (ii): Whether the High Court can quash criminal proceedings on the basis of compromise after the accused has been convicted by the trial court and the appeal against conviction is pending.

Analysis: The power under Section 482 is available at any stage where its exercise is justified by the facts and where no express statutory bar exists. A conviction by the trial court does not by itself exclude the High Court's inherent jurisdiction if the compromise is bona fide, the dispute is essentially personal or family-related, and continuation of the proceedings would defeat justice rather than serve it. On the facts, the compromise was found genuine, voluntary, and supported by the parties and their close relatives, and the relationship between the parties was to be preserved.

Conclusion: The High Court can quash proceedings after conviction and during pendency of appeal where the compromise is genuine and the interests of justice so require.

Final Conclusion: The conviction and complaint were set aside qua the petitioners on the basis of the compromise, with the appeal rendered infructuous as a consequence.

Ratio Decidendi: The High Court may, in exercise of its inherent jurisdiction, quash even non-compoundable criminal proceedings at any stage, including after conviction and during appeal, if the settlement is genuine and continuation of the case would amount to an abuse of process and frustrate the ends of justice.

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