2021 (9) TMI 149

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....l Magistrate Court No. 1, Rohru, District Rohru, Shimla, H.P., in Criminal complainant No. 145-3 of 2017, titled as Hoshiyar Singh vs. Hardeep Thakur, as affirmed by learned Sessions Judge (Forests), Shimla, H.P., in Criminal Appeal No. 27-R/10 of 2018, vide judgment dated 16.9.2020, has come up before this Court under Section 397 read with Section 401 of the Code of Criminal Procedure, by filing the present revision petition. 3. Vide order dated 22.7.2021, this Court issued notice to the respondent. 4. Now, today the matter was taken up. Learned counsel for the parties placed on record the compromise and submit that they have instructions from the parties that this matter has been fully compromised. Learned counsel for the parties, o....

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....as judicial precedents, a few of which have been mentioned hereinabove, I am of the considered opinion that continuation of these proceedings will not suffice any fruitful purpose whatsoever. Therefore, I am of the considered opinion that in view of the compromise, this is a fit case where the inherent jurisdiction of the High Court under Section 482 of the Code of Criminal Procedure read with 147 of Negotiable Instruments Act, is invoked to compound the offence and consequently to quash the above mentioned FIR and consequent proceedings. 10. In Shakuntala Sawhney v. Kaushalya Sawhney, (1979) 3 SCR 639, at p. 642, Hon'ble Supreme Court observed as follows: "The finest hour of Justice arise propitiously when parties, despite ....

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.... allowed by the court without imposing any costs on the accused. (b) If the accused does not make an application for compounding as aforesaid, then if an application for compounding is made before the Magistrate at a subsequent stage, compounding can be allowed subject to the condition that the accused will be required to pay 10% of the cheque amount to be deposited as a condition for compounding with the Legal Services Authority, or such authority as the Court deems fit. (c) Similarly, if the application for compounding is made before the Sessions Court or a High Court in revision or appeal, such compounding may be allowed on the condition that the accused pays 15% of the cheque amount by way of costs. (d) Finall....