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2019 (4) TMI 1625 - HC - Indian LawsSettlement of dispute through mediation - seizure of fake credit cards - HELD THAT:- There is no bar to the disputant parties to be referred by the court to mediation, even in cases involving such non-compoundable offences the action in which context can be lawfully terminated by approaching the High Court under Section 482 Cr. PC, provided the parties are willing and there exists an element of settlement. After all, amicable settlement restores peace and tranquillity not only to the parties but also to the society at large. The concern to be addressed, however, is as to whether the court is to make a reference of a criminal case to the process of mediation merely for the asking or should there be scrutiny before such reference; and further as to whether the mediator is obliged to proceed ahead, hold parleys to negotiate and broker some settlement irrespective of the nature of offences only because there is a reference from the court. This Court is of the firm view that before making a reference to mediation in the context of criminal case, the court must consider as to whether a settlement reached by such effort would be acceptable for the criminal process to be brought to an end. The court while considering reference of the parties to a criminal case to mediation must before even ascertaining as to whether elements of settlement exist first examine, by preliminary scrutiny, the permissibility in law for the criminal action to be brought to an end either because the offence involved is compoundable or because the High Court would have no inhibition to quash it, bearing in mind the broad principles that govern the exercise of jurisdiction under Section 482 Cr.P.C.
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