Supreme Court: Borrowers Retain Redemption Rights if Balance is Paid After Auction Deadline  ||  Supreme Court: Non-Confirmation of Seizure under Section 37A Impacts Adjudication Proceedings  ||  SC: Blacklisting After Contract Termination is Not Automatic and Needs Independent Review  ||  Grand Venice Fraud Case: Supreme Court Cancels Bail of Satinder Singh Bhasin  ||  SC: Senior Employee Cannot Claim Same Lesser Penalty As Subordinate; Bank Manager's Dismissal Upheld  ||  Madras HC: Governor Must Follow Cabinet's Advice on Remission Decisions, Regardless of Personal View  ||  Kerala High Court: Entrepreneurs Must Be Protected From Baseless Protests to Boost Industrial Growth  ||  J&K&L High Court: Second FIR Valid if it Reveals a Broader Conspiracy; 'Test of Sameness' is Key  ||  Supreme Court: Expecting a Minor to Respond to a Public Court Notice is ‘Perverse’  ||  SC: Order 23 Rule 1 CPC Applies to S. 11 Arbitration Act, Barring Fresh Arbiration After Abandonment    

Neeraj Katoch and Ors. Vs. State of H.P. and Ors. - (High Court of Himachal Pradesh) (05 Sep 2019)

High Court has inherent power to quash criminal proceedings even in non-compoundable cases, where parties have settled matter between themselves

MANU/HP/1280/2019

Criminal

By way of instant petition filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC), a prayer has been made on behalf of the Petitioners-accused, for quashing of FIR under Sections 387, 504 and 506 read with Section 34 of Indian Penal Code, 1860 (IPC) registered with Police Station as well as consequent proceedings pending before the Court below on the basis of amicable settlement arrived inter-se parties.

Since the petition has been filed under Section 482 of CrPC, this Court deems it fit to consider the present petition in the light of the judgment passed by Hon'ble Apex Court in Narinder Singh and others v. State of Punjab and another whereby Hon'ble Apex Court has formulated guidelines for accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings. Power conferred under Section 482 of the CrPC is to be distinguished from the power which lies in the Court to compound the offences under section 320 of the CrPC. No doubt, under Section 482 of the CrPC, 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 to be exercised sparingly and with great caution.

High Court has inherent power to quash criminal proceedings even in those cases which are not compoundable, but such power is to be exercised sparingly and with great caution. Court while exercising inherent power under Section 482 of CrPC, must have due regard to the nature and gravity of offence sought to be compounded.

Consequently, in view of the averments contained in the petition as well as the submissions having been made by the learned counsel for the parties that the matter has been compromised, and in view of well settled proposition of law as well as the compromise being genuine, FIR under Sections 387, 504 and 506 read with Section 34 of IPC, registered with Police Station as well as consequent proceedings pending before the Court below are quashed and set-aside. The present petition is allowed.

Relevant : Narinder Singh and Ors. vs. State of Punjab and Anr. MANU/SC/0235/2014

Tags : SETTLEMENT   PROCEEDINGS   QUASHING OF  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved