Inherent power to quash on settlement in non-compoundable offences depends on case facts; quashing order left undisturbed.

The scope of inherent power under Section 482 CrPC to quash criminal proceedings on the basis of settlement, including where non-compoundable offences are involved, must be assessed on the facts and circumstances of each case. The statutory bar in Section 320(9) CrPC and the principle of judicial restraint remain relevant, but earlier decisions recognise that compromise may justify quashing in appropriate cases. On the facts considered, the Supreme Court declined to interfere with the High Court's quashing order, so the criminal proceedings were not restored and the appeal failed, while the broader question of law was left open.

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Issues: (i) Whether the High Court ought to have quashed the criminal proceedings under its inherent jurisdiction on the basis of settlement between the parties in respect of offences including non-compoundable offences.

Analysis: The matter was considered in the light of the statutory bar under Section 320(9) of the Code of Criminal Procedure, 1973, the scope of inherent power under Section 482 of the Code of Criminal Procedure, 1973, and the principle of judicial restraint. The Court noted that, while the effect of settlement in appropriate cases had been discussed in earlier decisions, the legality of quashing non-compoundable offences on compromise depended on the facts and circumstances of each case. On the facts before it, the Court found no reason to differ from the view that the High Court should not be interfered with.

Conclusion: The High Court's quashing order was not disturbed, and the appeal failed.

Final Conclusion: The criminal proceedings were not restored, and the Court declined to interfere with the order under challenge while leaving the broader point of law open.

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