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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  

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