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2016 (1) TMI 1503 - HC - Indian LawsSeeking quashing of proceedings arising out of the FIR in question - dispute between the parties has been amicably resolved - offences under Sections 365,364A, 328,174A IPC are non-compoundable offences - HELD THAT:- It is a well settled law that where the High Court is convinced that the offences are entirely personal in nature and therefore do not affect public peace or tranquillity and where it feels that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice, it should not hesitate to quash them. In such cases, pursuing prosecution would be waste of time and energy. Non-compoundable offences are basically an obstruction in entering into compromise. In certain cases, the main offence is compoundable but the connected offences are not. In the case of B.S. JOSHI & ORS. VERSUS STATE OF HARYANA & ANR. [2003 (3) TMI 721 - SUPREME COURT] the Hon'ble Apex Court observed that even though the provisions of Section 320 Cr.P.C. would not apply to such offences which are not compoundable, it did not limit or affect the powers under Section 482 Cr.P.C. The Hon'ble Apex Court laid down that if for the purpose of securing the ends of justice, quashing of FIR becomes necessary, section 320 Cr.P.C. would not be a bar to the exercise of power of quashing. In the nutshell, the Hon'ble Apex Court justified the exercise of powers under Section 482 Cr.P.C. to quash the proceedings to secure the ends of justice in view of the special facts and circumstances of the case, even where the offences were non- compoundable. This Court is of the view that notwithstanding the fact the offences under Sections 365,364A, 328,174A IPC are non-compoundable offences, there should be no impediment in quashing the FIR under these sections, if the Court is otherwise satisfied that the facts and circumstances of the case so warrant. In the facts and circumstances of this case and in view of statement made by the respondent No. 2, the FIR in question warrants to be put to an end and proceedings emanating thereupon need to be quashed - Petition allowed.
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