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2012 (9) TMI 1112 - SC - Indian LawsPower pf High court - power to quash the criminal proceeding or complaint or F.I.R - Held that:- The power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding 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 F.I.R may be exercised where the offender and 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 serious impact on society. 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 wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding. Decisions of this Court in B.S. Joshi and others v. State of Haryana and another [2003 (3) TMI 721 - SUPREME COURT], - Nikhil Merchant Versus Central Bureau of Investigation and Anr. [2008 (8) TMI 966 - SUPREME COURT OF INDIA] And Manoj Sharma Versus State and Ors. [2008 (10) TMI 690 - SUPREME COURT OF INDIA] were not correctly decided. We answer the reference accordingly.
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