Inherent powers can quash non-compoundable proceedings on genuine compromise to prevent abuse of process.

The High Court held that inherent jurisdiction under Section 482 CrPC can be used to quash criminal proceedings on a genuine compromise, even where the offences are non-compoundable. It reasoned that the bar under Section 320(9) CrPC does not limit that power when intervention is needed to prevent abuse of process and secure the ends of justice. As the dispute had been settled between closely related parties, supported by affidavits, and no useful purpose would be served by continuing the proceedings, the FIR, conviction and sentence were quashed and the appeal was allowed.

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Issues: Whether the FIR, conviction and sentence could be quashed under the inherent jurisdiction on the basis of compromise between the parties despite the offences being non-compoundable.

Analysis: The compromise was between closely related parties and was supported by affidavits. The inherent power under Section 482 of the Code of Criminal Procedure, 1973 is available to prevent abuse of process and to secure the ends of justice, and its exercise is not confined to matrimonial matters. The bar in Section 320(9) of the Code of Criminal Procedure, 1973 does not curtail that inherent jurisdiction where the facts justify intervention. Since the dispute had been settled and no useful purpose would be served by continuing the appeal, quashing was considered appropriate.

Conclusion: The conviction, sentence and FIR were quashed, and the appeal was allowed, resulting in acquittal of the appellants.

Final Conclusion: A compromise in a fit case can justify exercise of inherent jurisdiction to set aside criminal proceedings, including non-compoundable convictions, when continuation would amount to abuse of process and would not advance justice.

Ratio Decidendi: The High Court may, in exercise of inherent powers under Section 482 of the Code of Criminal Procedure, 1973, quash criminal proceedings on compromise even in non-compoundable offences if such action is necessary to prevent abuse of process and secure the ends of justice.

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