TMI Blog2018 (6) TMI 900X X X X Extracts X X X X X X X X Extracts X X X X ..... this is a case where the continuation of criminal case against the petitioner would put the petitioner to great oppression and prejudice and extreme injustice would be caused to him by not setting aside the impugned judgments of conviction and sentence - This court is not powerless in such situation and adequate powers have been conferred upon it not only under sections 397 read with Section 401 or Section 482 Cr.P.C. but also under Section 147 of the Act 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 is a fit case to exercise the powers not only under Sections 397, 401 and Section 482 of the Code, but e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the treasury. Learned counsel for the petitioner contended that without entering into the merits of the case and further taking into consideration that the proceedings are pending for the last two decades, the matter be closed and issue be given quietus. The learned counsel for respondent No. 1 has made a similar statement stating that he is only interested in the amount of compensation as was awarded in his favour by the learned trial Magistrate and thereafter upheld by the learned first Appellate Court. 3. From the records of the case, I find that this is not a case wherein the offence for which the petitioner has been charged can stricto sensu be termed to be an offence against the State. Therefore, this is a case where the continua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nciples for exercise of powers under Section 482 of the Code which read thus:- (i) Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court; (ii) The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... persons for serious offences; (vii) As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing in so far as the exercise of the inherent power to quash is concerned; (viii) Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute; (ix) In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 09 passed by learned Additional Sessions Judge, Fast Track Court, Hamirpur, H.P. in Criminal Appeal No. 25/2009 whereby he affirmed the judgment dated 28.02.2009, passed by learned Judicial Magistrate 1st Class, Court No. 2, Hamirpur, H.P., in a Complaint No. 2-I-99/38-I/04, in a complaint filed by the complainant/respondent No. 1 against the petitioner under Section 138 of the Negotiable Instruments Act, whereby the petitioner was convicted and sentenced to undergo simple imprisonment for six months and to pay compensation of ₹ 60,000/- to the complainant, are set aside. Consequently, the petitioner is acquitted of the offence under Section 138 of the Act. 10. The amount of ₹ 60,000/- deposited by the petitioner before the l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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