TMI Blog2018 (10) TMI 107X X X X Extracts X X X X X X X X Extracts X X X X ..... ns 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 power has been conferred to subserve the ends of justice or/and to prevent abuse of the process of any Court. In the present case, the parties have already reached an amicable settlement and at best it was the complainant/respondent who could be said to be affected and aggrieved party, but herein even the affected and aggrieved party i.e. complainant/respondent is not interested to pursue the complaint and does not want to hold the petitioner responsible for the offence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Bushehar, District Shimla, H.P. has been upheld. 2. It is not necessary to narrate the facts giving rise to filing of the present revision because it has been jointly represented by learned counsel for both the parties that they have amicably settled the matter and in view of the said amicable settlement, the complainantrespondent does not want to pursue the case any further. 3. From the records of the case, this Court finds that this is not a case wherein offence for which the petitioner has been charged can strictly be termed to be an offence against the State. On the other hand, continuation of criminal case against the petitioner would put the petitioner to great oppression and prejudice and extreme injustice would be caused to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 society. Similarly, for offences alleged to have been committed under special statute like the Prevention of Corruption Act or the of offenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry 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 this stage, the Court can also be swayed by the fact that the settlement between the parties is going to result in harmony between ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esulting 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/respondent who could be said to be affected and aggrieved party, but herein even the affected and aggrieved party i.e. complainant/respondent is not interested to pursue the complaint and does not want to hold the petitioner responsible for the offence under the Act. Therefore, quashing of the complaint initiated at the instance of the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
