TaxTMI 
TaxTMI 
2018 (10) TMI 107
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....n and sentence passed by learned Additional Chief Judicial Magistrate, Rampur Bushehar, District Shimla, H.P. dated 10.4.2017/22.4.2017 in Case No. 196-3 of 2015 under Section 138 of the Negotiable Instruments Act, whereby petitioner was convicted and sentenced to undergo simple imprisonment for a period of six months and to pay compensation in the sum of Rs. 35,000/-, has been dismissed and the judgment passed by the learned Additional Chief Judicial Magistrate, Rampur Bushehar, District Shimla, H.P. has been upheld. 2. It is not necessary to narrate the facts giving rise to filing of the present revision because it has been jointly represented by learned counsel for both the parties that they have amicably settled the matter and in vie....
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....ower conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is t to be exercised sparingly and with caution. (II) When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure: (i) ends of justice, or (ii) to prevent abuse of the process of any Court. W....
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...., 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 analysis, the High C....
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....ument, normally the High Court should refrain from exercising its power under Section 482 of the Code, as in such cases the trial court would be in a position to decide the case finally on merits and to come a conclusion as to whether the offence under Section 307 IPC is committed or not. Similarly, in those cases where the conviction is already recorded by the trial court and the matter is at the appellate stage before the High Court, mere compromise between the parties would not be a ground to accept the same resulting in acquittal of the offender who has already been convicted by the trial court. Here charge is proved under Section 307 IPC and conviction is already recorded of a heinous crime and, therefore, there is no question of spari....