TMI Blog2015 (3) TMI 653X X X X Extracts X X X X X X X X Extracts X X X X ..... itioners would put the petitioners to great oppression and prejudice and extreme injustice would be caused to them by not quashing the criminal case. This court is not powerless in such situation and adequate powers have been conferred upon it, under section 482 Cr.P.C. (hereinafter referred to as the Code) for accepting the settlement entered into between the parties and to quash the proceedings arising out of the proceedings, which have consequently culminated into a settlement. This power has been conferred to subserve the ends of justice or/ and to prevent abuse of the process of any court. Though, such power is required to be exercised with circumspection and in cases which do not involve heinous and serious offence of mental deprav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1st Class, Court No.III, Una in a complaint initiated under Section 138 of the Negotiable Instruments Act (hereinafter referred to Act ). 2. In view of subsequent development, it is not necessary to state the facts giving rise to the present petition, suffice it to state that the amount in question has already been paid by the petitioners to the respondent/complainant as has been acknowledged by the parties as well as their learned counsel. 3. From the records of the case, I find this is not a case wherein the offence for which the petitioners have been charged can stricto sensu termed to be an offence against the State. Even otherwise, taking into consideration the fact that the complainant /respondents do not want to pursue the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... where the parties have settled the matter between themselves. However, this power is t to be exercised sparingly and with caution. (II) When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure: (i) ends of justice, or (ii) to prevent abuse of the process of any Court. While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives. (III) Such a power is not be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on socie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delegate parts of the body, nature of weapons used etc. Medical report in respect of injuries suffered by the victim can generally be the guiding factor. On the basis of this prima facie analysis, the High Court can examine as to whether there is a strong possibility of conviction or the chances of conviction are remote and bleak. In the former case it can refuse to accept the settlement and quash the criminal proceedings whereas in the later case it would be permissible for the High Court to accept the plea compounding the offence based on complete settlement between the parties. At t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is at the appellate stage before the High Court, mere compromise between the parties would not be a ground to accept the same resulting in acquittal of the offender who has already been convicted by the trial court. Here charge is proved under Section 307 IPC and conviction is already recorded of a heinous crime and, therefore, there is no question of sparing a convict found guilty of such a crime. 5. As already observed herein, the parties have already reached an amicable settlement and at best it was the complainant, who could be said to be affected and aggrieved party, but herein even the affected and aggrieved party i.e. complainant is not interested to pursue the complaint and does not want to hold the petitioners responsible for t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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