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2022 (6) TMI 554 - HC - Indian LawsDishonor of Cheque - compounding of its dues - compromise arrived inter-se parties - acquittal of the accused - heinous and serious offences - section 138 of NI Act - Section 320 of Cr.P.C. - HELD THAT:- Since the petition has been filed under Section 482 Cr.P.C., 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 & ORS. VERSUS STATE OF PUNJAB & ANR [2015 (2) TMI 1042 - SUPREME COURT], 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. Hon'ble Apex Court has returned the findings that power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under section 320 of the Code. No doubt, under section 482 of the Code, 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. The Hon'ble Apex Court in case GIAN SINGH VERSUS STATE OF PUNJAB & ANOTHER [2012 (9) TMI 1112 - SUPREME COURT] has held that power of the High Court in quashing of the criminal proceedings or FIR or complaint in exercise of its inherent power is distinct and different from the power of a Criminal Court for compounding offences under Section 320 Cr.P.C. Even in the judgment passed in Narinder Singh's case, the Hon'ble Apex Court has held that while exercising inherent power under Section 482 Cr.P.C. the Court must have due regard to the nature and gravity of the crime and its social impact and it cautioned the Courts not to exercise the power for quashing proceedings in heinous and serious offences of mental depravity, murder, rape, dacoity etc. Since the matter stands compromised between the parties, prayer made in the petition at hand can be accepted. In DAMODAR S. PRABHU VERSUS SAYED BABALAL H. [2010 (5) TMI 380 - SUPREME COURT], the Hon'ble Apex Court has categorically held that court, while exercising power under Section 147 of the Act, can proceed to compound the offence even after recording of conviction by the courts below. The present matter is ordered to be compounded and impugned judgments of conviction and sentence dated 7/14.6.2019 and 11.3.2022, passed by the courts below are quashed and set-aside and the petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act - petition allowed.
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