2022 (1) TMI 1001

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....strict & Sessions Judge, Kurnool at Nandyal. Aggrieved by the same, the petitioner approached this court praying to set aside the same. 2. In view of the joint memo filed by both the parties stating that they have entered into a compromise and seeking permission to compound the offence and to set aside the order as mentioned supra and to acquit the accused for the said offence, this Court directed for appearance of both the parties. 3. On 28.12.2021 both the parties appeared before this Court, the identity of the parties has been verified. The petitioner/accused submitted that he paid Rs. 6,00,000/- to the respondent/complainant towards full and final settlement and the respondent/complainant submitted that he received the same and accept....

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....jarat (2012) 12 SCC 401, this Court was again concerned with the question of quashment of an FIR alleging offences punishable under Sections 467, 468, 471, 420 and 120B IPC. The High Court refused to quash the criminal case under Section 482 of the Code. The question for consideration was that inasmuch as all those offences, except Section 420 IPC, were non-compoundable offences under Section 320 of the Code, whether it would be possible to quash the FIR by the High Court under Section 482 of the Code or by this Court under Article 136 of the Constitution of India. The Bench elaborately considered the decision of this Court in Shiji1 and by invoking Article 142 of the Constitution quashed the criminal proceedings. It was held as under:- (Ja....

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....ed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and predominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the po....