TaxTMI 
TaxTMI 
2018 (10) TMI 2047
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.... the learned Deputy Advocate General have raised objection that the present compounding application deserves to be rejected. 2. At that point of time, this Court was seized with another judgment, which has been rendered on 28th September, 2018 in C-482 Application No. 1538 of 2018, Pan Singh Rana v. State of Uttarakhand and another, having an identical issue pertaining to the compounding of the offences under Sections 307 and 506 I.P.C. was under consideration. 3. Reverting back to the present case, the applicants have been made accused by the complainant/respondents in an offence, said to have been committed on 27th September, 2015, which was reported to the Police Station Kotwali Roorkee, District Haridwar as Case Crime No. 285 of 2015, under Sections 147, 148, 323, 307, 427, 504 and 506 of the I.P.C. On the complaint of respondent No. 3, an investigation was conducted and after the investigation, a chargesheet has been submitted by the Investigating Officer, being Chargesheet No. 212 of 2015 dated 27th February, 2015, on which, cognizance was taken and the summoning order dated 1st March, 2018 has been issued by the learned Court of Additional Chief Judicial Magistrate Roorkee....
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....g to the non-composition of the offences under the aforesaid Sections, since being not compoundable under Section 320 of the Cr.P.C., this Court after considering the fact that the parties have settled their scores amicably, no fruitful purpose would be served to force upon the applicants to undergo the trial entailing time and money, as it would be a futile exercise with no logical conclusion, more particularly, in view of the various judgments rendered by the Hon'ble Apex Court. 7. The Hon'ble Apex Court in the case of Gian Singh v. State of Punjab and another reported in (2012) 10 SCC 303 has held as follows: "58. Where High Court quashes a criminal proceeding having regard to the fact that dispute between the offender and victim has been settled although offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. No doubt, crimes are acts which have harmful effect on the public and consist in wrong doing that seriously endangers....
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....se and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed 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 favour 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 dis....
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....titution of India. We are, therefore, of the view that if for the purpose of securing the ends of justice, quashing of FIR becomes necessary, Section 320 would not be a bar to the exercise of power of quashing. It is, however, a different matter depending upon the facts and circumstances of each case whether to exercise or not such a power. 10. In State of Karnataka v. L. Muniswamy & Ors. [(1977) 2 SCC 699], considering the scope of inherent power of quashing under Section 482, this Court held that in the exercise of this wholesome power, the High Court is entitled to quash proceedings if it comes to the conclusion that ends of justice so require. It was observed that in a criminal case, the veiled object behind a lame prosecution, the very nature of the material on which the structure of the prosecution rests and the like would justify the High Court in quashing the proceeding in the interest of justice and that the ends of justice are higher than the ends of mere law though justice had got to be administered according to laws made by the legislature. This Court said that the compelling necessity for making these observations is that without a proper realization of the object an....
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....omplaint and Section 320 of the Code does not limit or affect the powers under Section 482 of the Code." 10. The Hon'ble Apex Court in the case of Nikhil Merchant (supra) has held as follows:- "7. In support of the aforesaid contentions made on behalf of the appellant before the High Court, reference was made to the decision of this Court in the case of Central Bureau of Investigation v. Duncans Agro Industries Ltd. (1996) 5 SCC 591 wherein on the basis of facts similar to the facts of this case, this Court had held that even if an offence of cheating is prima facie made out, such offence is a compoundable offence and compromise decrees passed in the suits instituted by the Bank, for all intents and purposes, amount to compounding of the offence of cheating. This Court accordingly, upheld the order of the High Court quashing the criminal complaint after the civil action had been compromised between the parties. 8. Apart from the said decision, reliance was also placed on another decision of this Court in the case of B.S. Joshi and Ors. v. State of Haryana and Anr (2003) 4 SCC 675 wherein while dealing with the proceedings under Sections 498A and 406 Indian Penal Code invol....
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....v. State of Haryana and Anr. (2003) 4 SCC 675. Relevant paragraphs of B.S. Joshi's case (supra) are reproduced below: "2. The question that falls for determination in the instant case is about the ambit of the inherent powers of the High Courts Under Section 482 of the Code of Criminal Procedure (the Code) read with Articles 226 and 227 of the Constitution of India to quash criminal proceedings. The scope and ambit of power Under Section 482 has been examined by this Court in a catena of earlier decisions but in the present case that is required to be considered in relation to matrimonial disputes. The matrimonial disputes of the kind in the present case have been on considerable increase in recent times resulting in filing of complaints by the wife Under Sections 498-A and 406 Indian Penal Code not only against the husband but his other family members also. When such matters are resolved either by the wife agreeing to rejoin the matrimonial home or mutual separation of husband and wife and also mutual settlement of other pending disputes as a result whereof both sides approach the High Court and jointly pray for quashing of the criminal proceedings or the first information r....
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....appear to have any further claim against the Company. What, however, remains is the fact that certain documents were alleged to have been created by the Appellant herein in order to avail of credit facilities beyond the limit to which the Company was entitled. The dispute involved herein has overtones of a civil dispute with certain criminal facets. The question which is required to be answered in this case is whether the power which independently lies with this Court to quash the criminal proceedings pursuant to the compromise arrived at, should at all be exercised? 31. On an overall view of the facts as indicated hereinabove and keeping in mind the decision of this Court in B.S. Joshi case [(2003) 4 SCC 675], and the compromise arrived at between the Company and the Bank as also Clause 11 of the consent terms filed in the suit filed by the Bank, we are satisfied that this is a fit case where technicality should not be allowed to stand in the way in the quashing of the criminal proceedings, since, in our view, the continuance of the same after the compromise arrived at between the parties would be a futile exercise. 7. In Gian Singh v. State of Punjab and Anr. (2012) 10 SCC 30....
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....mpounding the offences Under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz.:(i) to secure the ends of justice, or (ii) to prevent abuse of the process of any court. In what cases power to quash the criminal proceeding or complaint or FIR may be exercised where the offender and the victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have a serious impact on society. Similarly, any compromise between the victim and the offender in relation to the offences under special statutes like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity, etc.; cannot provide for any ba....
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....t learned Single Judge did not commit any error of law in quashing the FIR after not only the complainant and the Appellant settled their money dispute but also the other alleged sufferers entered into an agreement with the Appellant, and as such, they too settled their claims. 12. As far as composition of offences under Sections 307 and 506 I.P.C. is concerned, the judgment of Narinder Singh and others v. State of Punjab and another reported in 2014 (6) SCC 466, has held that though the offence under Section 307 I.P.C. is serious enough, it will not be compoundable under Section 320 Cr.P.C. and it will not oust the powers of the Superior Courts exercising the powers under Section 482 Cr.P.C. to compound the offences, depending upon certain terms and conditions laid thereof. 13. The impact of the powers of the Superior Courts under Section 482 Cr.P.C. have been considered by this Court in a judgment rendered on 28th September, 2018 in C-482 Application No. 1538 of 2018, Pan Singh Rana v. State of Uttarakhand and another. This judgment will constitute to be part to this judgment, based on the compounding application of the present C-482 Application. The judgment dated 28th Septemb....
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....2016, Charge-Sheet No. 69A/16 dated 03.09.2016 as well as the entire criminal proceedings, pending before IInd Additional Chief Judicial Magistrate. The applicant has sought the following relief: "It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to quash/set-aside charge-sheet dated 29.08.2016 as well as the summoning order dated 05.09.2016 passed by the learned IInd Additional Chief Judicial Magistrate, Dehradun in Criminal Case No. 3577/2016 (State v. Pan Singh Rana) (Case Crime No. 111/2016), under Sections 307, 506 of I.P.C. registered at Police Station - Raipur, District - Dehradun and further to quash the entire proceedings of the aforesaid Criminal Case No. 3577/2016 (State v. Pan Singh Rana) (Case Crime No. 111/2016), under sections 307, 506 of I.P.C. registered at Police Station - Raipur, District-Dehradun pending in the court of learned IInd Additional Chief Judicial Magistrate, Dehradun, and/or to pass such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 3. The Compounding Application, which has been preferred jointly by the parties to the present....
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....41;मपक्ष एवं श्री पान सिंह राणा पुत्र श्री आलम सिंह राणा आबकारी सिपाही डण्डा लखौण्ड सैक्टर प्रथम, देहरादून डाल पता- 131 साँबोवाली पो.ओ. कण्डोली जिला ..........- द्वितीयपक्ष देहरादून विदित हो कि प्रथमपक्ष एवं द्वितीयपक....
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....2369;र में पंजीकृत करा रखी है। यह कि वर्तमान में आपसी जान पहचान / मित्रगणों द्वारा पक्षकारों के मध्य आपसी समझौता करा दिया है तथा समस्त गलतफहमियां दूर करा दी गई हैं। वर्तमान में पक्षकारों के मध्य एक दूसरे के प्र....
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....at the offence under Section 307 of the I.P.C. is not such an offence which could be compounded under Section 320 of the Code of Criminal Procedure. As it is a serious offence having grave implications and social impact and if it is permitted to be compounded, it will give a wrong message to society and may result in augmenting the crime. 7. Principally, there is no dispute with regard to the legal preposition, which has been argued by Mr. Lalit Miglani, learned Brief Holder for the State but, this Court cannot be oblivious of the fact that when there happens to be a joint affidavit filed by the parties, wherein, the complainant himself has submitted that he does not want to prosecute the applicant and, therefore, even then, if the parties to the dispute are forced to face the trial apart from the fact that it will cause uncalled hardship and embarrassment, it will not attain any fruitful conclusion. Besides increasing the apathy on the litigating parties unnecessary imposing a litigation on them, involving fruitless investment of time and money on the parties resulting to futility. This Court is of the view that this Court while exercising its powers under Section 482 of Cr.P.C.....
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.... the terms arrives at, the provisions contained under Section 320 of the Cr.P.C. is not to be strictly made applicable to athwart the settlement between the parties. Only rider which has been attached thereto which requires caution when the Courts are settling the disputes in relation to the offences which are of serious in nature, for example Sections 302, 306, 307 and 376 I.P.C., and such other sexual offences, the Court's will have to consider to attract its inherent power depending upon the material and the nature of the offences which is under consideration to be settled in terms of the compromise. There cannot be any strait jacketed formula for deciding the criminal controversy between the parties based on the settlement as each settlement has its own facts and nature of offence and the circumstances in which it has been committed which will call upon the court to consider pondering on the issue of exercising inherent powers of compounding the offence, and the controversy which is to be decided is based on the attraction of Section 320 Cr.P.C., is altogether different ingredients. 10. The basic ratio and the extent of power which the constitutional Courts have, they are....
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....mately on the culmination of the proceedings of the trial, it may not result to be a proceeding of futility. 11. There is another aspect to be taken care of, as already observed, the High Courts when it exercises the power under Section C-482 Cr.P.C. and under Articles 226/227 of the Constitution of India, the High Courts have to apply the rationale approach which is not to be restricted in a concise manner because apart from the fact that it has to ensure that it meets the ends of justice, rather also that High Court has to ensure that such concised interpretation does not lead to the abuse of process. The Court (in particular High Court) will also have to consider that if such type of settlement voluntarily entered between the parties, expressing their unrestricted opinion in terms of the compromise settled down, it has to consider that if the comprise is sacredly entered into, whether it would result into an establishment of harmony and understanding between the offenders and the victim. The only stipulation which has to be borne in mind while the High Court either under Section 482 Cr.P.C., or under Article 226 and 227 of Constitution of India decides a criminal dispute, apar....
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.... depravity under IPC or offences of moral turpitude under special statutes, like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity, the settlement between the offender and the victim can have no legal sanction at all. However, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or the family dispute, where the wrong is basically to the victim and the offender and the victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable, the High Court may within the framework of its inherent power, quash the criminal proceeding or criminal complaint or FIR if it is satisfied that on the face of such settlement, there is hardly any likelihood of the offender being convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated. The above list is illustrative and not exhaustive. Each case will depend on its own....
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....y not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that the criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding." 13. The Hon'ble Apex Court has held that settlement of criminal disputes by way of a compromise has to be distinctly treated from different prospective and has not to be camouflaged and eclipsed by the provision of Section 320 Cr.P.C. but only rider imposed are the guidelines as framed by the Hon'ble Apex Court. It has to consider as to whether despite the offences being of a serious nature, what was its gravity, whether it was of private nature and such other factors which has been laid down in the said judgment. 1....
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....urt to prevent abuse of the process of any court or otherwise to secure the ends of justice. It begins with the words, "nothing in this Code" which means that the provision is an overriding provision. These words leave no manner of doubt that none of the provisions of the Code limits or restricts the inherent power. The guideline for exercise of such power is provided in Section 482 itself i.e. to prevent abuse of the process of any court or otherwise to secure the ends of justice. As has been repeatedly stated that Section 482 confers no new powers on the High Court; it merely safeguards existing inherent powers possessed by the High Court necessary to prevent abuse of the process of any court or to secure the ends of justice. It is equally well settled that the power is not to be resorted to if there is specific provision in the Code for the redress of the grievance of an aggrieved party. It should be exercised very sparingly and it should not be exercised as against the express bar of law engrafted in any other provision of the Code. 54. In different situations, the inherent power may be exercised in different ways to achieve its ultimate objective. Formation of opinion by the....
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....d it has to be seen that it has been fairly arrived at without any duress or oppression being made by the offenders on the victim taking advantage of its autocratic capacity on the victim and also it has to be seen that as to whether the weak victim have not been made vulnerable to the powers of the superiors. This judgment, too, has provided that the only factors to be considered by the High Court under C-482 Cr.P.C. is to prevent the abuse of the process of any Court and to secure the ends of justice, uphold law its intentions, under a given set of circumstances amongst the parties. 18. An issue which crops up for consideration before this Court at this stage to be considered is as to what would be the impact of Sub-section (9) of Section 320 of the Cr.P.C. which absolutely creates a bar that the offences other than the offences referred under Section 320 Cr.P.C. cannot be compounded. What has been dealt with and the ratio as laid down by the Apex Court in the case of Gian Singh (Supra), since having held that the plenary power conferred on the High Court under C-482 is not circumscribed and restricted by the power under Section 320 of the Cr.P.C. and it would not in any way cr....
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....an offence so as to render substantial justice. What is to be seen is also important, as to the communality, its harmony of the offence which is to be settled in the exercise of powers in favour of the accused persons. This Court is of the view that if there are sufficient element available that the settlement was fairly entered into without any oppression being exercised as against the victim, and it ultimately results into resolving this discord amongst the parties to a lis, the bar of Sub-section (9) of Section 320 Cr.P.C. for composition of an offence would not come into play when the Court exercises its inherent powers under C-482, which also legislatively has administratively purpose of enforcing justice. 20. The aspect pertaining to the composition of offence and its ambit and amplitude came up for consideration in the case of Nikhil Merchant v. Central Bureau of Investigation and another reported in (2008) 9 SCC 677. Although it was in relation to the offence under Sections 420, 467, 468 and 471 of the I.P.C. read with Section 5 (2) and 5 (1) (d) of the Prevention of Corruption Act, but it has widely laid down the principles of compounding and settlement under Section 320....
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.... Court under Section 482 of the Code." 22. The High Court in the exercise of its power under Section 482 quashes a criminal proceeding having regard to the fact of each case that dispute between the offender and victim stood settled. It does so, as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace amongst parties is restored; securing the ends of justice being the ultimate guiding factor for administration of justice. It is an inevitable conclusion that crimes committed between parties, do have a social effect as it is a crime against a society and it defeats the very fabric of reformatic concept of criminal law of our country, at time composition of offence based on settlement, may not be safe so as to leave crime doer. But still there are exceptions which have been carved out by judicial precedents where wrong is against a private individual. The High Court may within the framework of its inherent power, quash the criminal proceeding or criminal complaint or F.I.R if it is satisfied that on the face of such settlement, there is hardly any likelihood....
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....an the ends of mere law though justice had got to be administered according to laws made by the legislature. This Court said that the compelling necessity for making these observations is that without a proper realization of the object and purpose of the provision which seeks to save the inherent powers of the High Court to do justice between the State and its subjects, it would be impossible to appreciate the width and contours of that salient jurisdiction. On facts, it was also noticed that there was no reasonable likelihood of the accused being convicted of the offence. What would happen to the trial of the case where the wife does not support the imputations made in the FIR of the type in question. As earlier noticed, now she has filed an affidavit that the FIR was registered at her instance due to temperamental differences and implied imputations. There may be many reasons for not supporting the imputations. It may be either for the reason that she has resolved disputes with her husband and his other family members and as a result thereof she has again started living with her husband with whom she earlier had differences or she has willingly parted company and is living happil....
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....ived the ratio and distinction which has been laid down in the case of Gian Singh (Supra) regarding the inherent powers and powers given under statute under Section 320 Cr.P.C. and has held out that even the offences as narrated therein whichever is inclusive of offence under Section 307 IPC, would be compoundable though not covered by Section 320 of the Cr.P.C. Para 8 of the judgment of Dimpey Gujral (Supra) reads as under:- "8. In the light of the above observations of this Court in Gian Singh, we feel that this is a case where the continuation of criminal proceedings would tantamount to abuse of process of law because the alleged offences are not heinous offences showing extreme depravity nor are they against the society. They are offences of a personal nature and burying them would bring about peace and amity between the two sides. In the circumstances of the case, FIR No. 163 dated 26-10-2006 registered under Sections 147, 148, 149, 323, 307, 452 and 506 IPC at Police Station Sector 3, Chandigarh and all consequential proceedings arising therefrom including the final report presented under Section 173 of the Code and charges framed by the trial court are hereby quashed." 2....
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....n, based on the settlement, the High Court is not denuded of its powers to consider its propriety while exercising its inherent powers under Section 482 Cr.P.C., which will not be eclipsed and overridden by the restriction of Sub-section (9) of Section 320 of the Cr.P.C. because Section 320 itself as already observed above, it will not in view of language used under Section 320 Cr.P.C. which has an overriding effect, derived power of the Court to decide application for heinous offences also as inherent power is independent to the circumstances for compounding under Section 320 Cr.P.C. Because the experience do not rule out a situation where on most of the occasions, the criminal act is taken on account of a spur of moment, on account of verbal fighting, and on account of a heated discussion and moment, which are to be considered while considering the application for composition. 28. The Hon'ble Apex Court in the case of Narendra Singh (Supra), has laid down the wider principles and circumstances as to how the power to compromise an offence should be exercised as there happens to be a subtle distinction between the composition of offence exercising inherent power and the power....
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....ied that the purpose of punishment by law is deterrence, constrained by considerations of justice. What, then, is the role of mercy, forgiveness and compassion in law? These are by no means comfortable questions and even the answers may not be comforting. There may be certain cases which are too obvious, namely, cases involving heinous crime with element of criminality against the society and not parties inter se. In such cases, the deterrence as purpose of punishment becomes paramount and even if the victim or his relatives have shown the virtue and gentility, agreeing to forgive the culprit, compassion of that private party would not move the court in accepting the same as larger and more important public policy of showing the iron hand of law to the wrongdoers, to reduce the commission of such offences, is more important. Cases of murder, rape, or other sexual offences, etc. would clearly fall in this category. After all, justice requires long-term vision. On the other hand, there may be offences falling in the category where the "correctional" objective of criminal law would have to be given more weightage in contrast with "deterrence" philosophy. Punishment, whatever else may ....
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....n a distinction from the aforesaid judgment and has deviated to lay down the ratio that even the offence under Section 307 I.P.C., though heinous in nature, though at times it may be a social offence, but, the same would still be dependent upon its own facts and circumstances which is the prerogative of the Court to consider in each case when the same is being decided on the basis of the settlement while exercising its plenary powers under Section 482 Cr.P.C. or under Article 226/227 of the Constitution of India. It would be apt to refer to para 22 and 23 of the judgment of Narendra Singh (Supra) case. "22. Thus, we find that in certain circumstances, this Court has approved the quashing of proceedings under Section 307 IPC whereas in some other cases, it is held that as the offence is of serious nature such proceedings cannot be quashed. Though in each of the aforesaid cases the view taken by this Court may be justified on its own facts, at the same time this Court owes an explanation as to why two different approaches are adopted in various cases. The law declared by this Court in the form of judgments becomes binding precedent for the High Courts and the subordinate courts, to....
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....t to defeat the process of law and the victim. The issue which crops as to when the party is in such a situation when they inspires to settle their score, whether the law and the Court should create a hurdle by giving its immature opinion to the settlement? Thus, Narinder Singh case (Supra), in para 26 has laid down the circumstances for deciding the dispute, based on the settlement in relation to the heinous crime. Para 26 reads as under: "26. Having said so, we would hasten to add that though it is a serious offence as the accused person(s) attempted to take the life of another person/victim, at the same time the court cannot be oblivious to hard realities that many times whenever there is a quarrel between the parties leading to physical commotion and sustaining of injury by either or both the parties, there is a tendency to give it a slant of an offence under Section 307 IPC as well. Therefore, only because FIR/charge-sheet incorporates the provision of Section 307 IPC would not, by itself, be a ground to reject the petition under Section 482 of the Code and refuse to accept the settlement between the parties. We are, therefore, of the opinion that while taking a call as to w....
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.... guiding factor in such cases would be to secure: (i) ends of justice, or (ii) to prevent abuse of the process of any court. While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives. 29.3. Such a power is not to be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. Similarly, for the offences alleged to have been committed under special statute like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender. 29.4. On the other hand, those criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves. 29.5. While exercising its powers, the High Court is to examine as to whether the possibility of conviction ....
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....ising its powers favourably, but after prima facie assessment of the circumstances/material mentioned above. On the other hand, where the prosecution evidence is almost complete or after the conclusion of the evidence the matter is at the stage of argument, 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 to 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 sparing a convict found guilty of such a crime." On considering the aforesaid judgment and the ratio as propounded by his Lordships as a matter of fact even the Hon'ble Apex Court has laid down t....
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....n of an offence under Section 482 Cr.P.C. and Article 226/227 of the Constitution of India, has been laid down by the Hon'ble Apex Court in the case of Gold Quest International Private Limited v. State of Tamil Nadu and others reported in (2014) 15 SCC 235. Para 8 of the said judgment reads as under:- "8. In view of the principle laid down by this Court in the aforesaid cases, we are of the view that in the disputes which are substantially matrimonial in nature, or the civil property disputes with criminal facets, if the parties have entered into settlement, and it has become clear that there are no chances of conviction, there is no illegality in quashing the proceedings under Section 482 CrPC read with Article 226 of the Constitution. However, the same would not apply where the nature of offence is very serious like rape, murder, robbery, dacoity, cases under the Prevention of Corruption Act, cases under the Narcotic Drugs and Psychotropic Substances Act and other similar kind of offences in which punishment of life imprisonment or death can be awarded. After considering the facts and circumstances of the present case, we are of the view that the learned Single Judge did no....
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.... commission of any offence and make out a case against the accused. (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. (7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge." 36. An altogether....
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....allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. Under Article 227 the power of superintendence by the High Court is not only of administrative nature but is also of judicial nature. This article confers vast powers on the High Court to prevent the abuse of the process of law by the inferior courts and to see that the stream of administration of justice remains clean and pure. The power conferred on the High Court under Articles 226 and 227 of the Constitution and under Section 482 of the Code have no limits but more the power more due care and caution is to be exercised while invoking these powers. When the exercise of powers could be under Article 227 or Section 482 of the Code it may not always be necessary to invoke the provisions of Article 226. Some of the decisions of this Court laying down principles for the exercise of powers by the High Court under Articles 226 and 227 may be referred to. 26. Nomenclature under which petition is filed is not quite relevant and that does not debar the court from exer....
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....he Apex Court in the judgment of B.S. Joshi and others v. State of Haryana and another reported in (2003) 4 SCC 675. Para 5, 6, 8 and 15 of the said judgment reads as under "5. After reproducing the seven categories of cases as given in para 102 of Bhajan Lal case the High Court has held that the parameters, principles and guidelines for quashing of complaints, first information report and criminal proceedings have been settled in terms thereof and has concluded therefrom that the instant case does not fall in any of the said categories. It is quite clear that the High Court has lost sight of the earlier part of para 102 which made it abundantly clear that the said categories of cases were being given by way of illustration. Neither were the categories of cases given exhaustive nor could it be so. Before giving those categories, it was said in Bhajan Lal case that: (SCC p. 378, para 102) "102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section ....
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....ipsed by the restrictions of sub-Section (9) of Section 320 of the Cr.P.C. Hence, the composition for the heinous offence and, in particularly, the case at hand in relation to the offence under Section 307 I.P.C., it would depend upon the factors as determined by para 29 of the Naarinder Singh (Supra) case. 39. The Coordinate Bench of this Court had also in the case of Criminal Misc. Application 1253 of 2012, Dilbagh Singh v. State of Uttarakhand has also held that the offences under Sections 147, 148, 149, 323, 324, 325, 427, 452, 504, 506 and 307 I.P.C. would be compoundable. An identical view has been expressed by the Coordinate Bench of Allahabad High Court in a judgment rendered in Application under Section C 482 No. 31751 of 2015, Rajendra Sharma and 18 others v. State of U.P. and another, wherein, the Court has held as under:- "A perusal of the aforesaid would indicate that this Court is competent to quash a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction, which is distinct and different from the power to compound an offence under Section 320 of the Code. The Apex Court went on to hold that the inherent powers are of wide amplitude with t....
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.... has to be exercised to secure the ends of justice and to prevent an abuse of the process of any Court. (5) The decision as to whether a complaint or F.I.R. should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated. (6) In the exercise of power under Section 482 Cr.P.C. and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or fences such as murder, rape and dacoity cannot be appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences. (7) Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situati....