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2008 (10) TMI 690 - SC - Indian LawsJurisdiction of High Court - whether FIR and the consequential proceedings alleging Compoundable or non-compoundable offences could be quashed by the High Court in exercise of its jurisdiction u/s 482 of Code of Criminal Procedure on the basis of the settlement arrived at between the Parties? - HELD THAT:- The ultimate exercise of discretion u/s 482 CrPC or under Article 226 of the Constitution is with the Court which has to exercise such jurisdiction in the facts of each case. It has been explained that the said power is in no way limited by the provisions of Section 320 CrPC. We are unable to disagree with such statement of law. In any event, in this case, we are only required to consider whether the High Court had exercised its jurisdiction u/s 482 Cr.P.C. legally and correctly. In our view, the High Court's refusal to exercise its jurisdiction under Article 226 of the Constitution for quashing the criminal proceedings cannot be supported. The FiIR, which had been lodged by the complainant indicates a dispute between the complainant and the accused which is of a private nature. It is no doubt true that the FIR was the basis of the investigation by the Police authorities, but the dispute between the parties remained one of a personal nature. Once the complainant decided not to pursue the matter further, the High Court could have taken a more pragmatic view of the matter. We do not suggest that while exercising its powers under Article 226 of the Constitution the High Court could not have refused to quash the FIR, but what we do say is that the matter could have been considered by the High Court with greater pragmatism in the facts of the case. We, accordingly, allow the appeal and set aside the order of the High Court and quash the criminal proceedings pending before the ld Additional Chief Metropolitan Magistrate. Markandey Katju, J. - I respectfully agree with my ld brother Hon'ble Kabir J. that the criminal proceedings deserve to be quashed, the question may have to be decided in some subsequent decision or decisions (preferably by a larger Bench) as to which non-compoundable cases can be quashed u/s 482 Cr.P.C. or Article 226 of the Constitution on the basis that the parties have entered into a compromise. There can be no doubt that a case u/s 302 IPC or other serious offences like those u/s 395, 307 or 304B cannot be compounded and hence proceedings in those provisions cannot be quashed by the High Court in exercise of its power u/s 482 Cr.P.C. or in writ jurisdiction on the basis of compromise. Where a line is to be drawn will have to be decided in some later decisions of this Court, preferably by a larger bench (so as to make it more authoritative). Some guidelines will have to be evolved in this connection and the matter cannot be left at the sole unguided discretion of Judges, otherwise there may be conflicting decisions and judicial anarchy. A judicial discretion has to be exercised on some objective guiding principles and criteria, and not on the whims and fancies of individual Judges. Discretion, after all, cannot be the Chancellor's foot. Shri B.B. Singh, ld Counsel for the respondent has rightly expressed his concern that the decision in B.S. Joshi's case [2003 (3) TMI 721 - SUPREME COURT] should not be understood to have meant that Judges can quash any kind of criminal case merely because there has been a compromise between the parties. After all, a crime is an offence against society, and not merely against a private individual. Therefore, Appeal is to be allowed and the criminal proceedings in question are to be quashed.
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