TMI Blog2021 (9) TMI 1358X X X X Extracts X X X X X X X X Extracts X X X X ..... reasons can press Section 482 Cr.P.C. in aid to prevent abuse of the process of any Court and/or to secure the ends of justice. The High Court, therefore, having regard to the nature of the offence and the fact that parties have amicably settled their dispute and the victim has willingly consented to the nullification of criminal proceedings, can quash such proceedings in exercise of its inherent powers under Section 482 Cr.P.C., even if the offences are noncompoundable. The High Court can indubitably evaluate the consequential effects of the offence beyond the body of an individual and thereafter adopt a pragmatic approach, to ensure that the felony, even if goes unpunished, does not tinker with or paralyze the very object of the administration of criminal justice system. The criminal proceedings involving nonheinous offences or where the offences are predominantly of a private nature, can be annulled irrespective of the fact that trial has already been concluded or appeal stands dismissed against conviction. Handing out punishment is not the sole form of delivering justice. Societal method of applying laws evenly is always subject to lawful exceptions - There can be no hard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of law involved in both these appeals is identical. BRIEF FACTS OF CRIMINAL APPEAL NO. 1489 OF 2012 2. The prosecution version, arising out of FIR dated 3rd November 2000, Police Station Ambah, Morena, M.P. is that on account of certain monetary dispute, the Appellants abused and assaulted Padam Singh (Complainant). Appellant No.1 is alleged to have struck the Complainant with a pharsa, which resultantly cut off the little finger of his left hand. Appellant No.2 also struck lathi blows on the body of the Complainant. Appellants were thereafter committed for trial under Sections 294, 323 and 326 read with 34 of Indian Penal Code, 1860 (hereinafter, IPC ) and Section 3 of the Prevention of Atrocities (Scheduled Caste and Scheduled Tribes) Act, 1989. Upon analyzing the evidence, the Learned Judicial Magistrate(FC), Ambah, convicted the Appellants under Sections 294, 323 and 326 read with 34 IPC with a maximum sentence of three years under Section 326 read with 34 IPC. They were acquitted of the remaining charges. 3. The Appellants assailed their conviction before the Court of Additional Sessions Judge, Ambah. During the pendency of that Appeal, the Appellants and the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was split after filing of the charge sheet, since he remained absconding. The Appellants along with the coaccused, approached the High Court of Karnataka, challenging their conviction and sentence. The High Court acquitted Accused Nos. 5 7 finding insufficient evidence to sustain their involvement in the subject crime, but maintained the conviction and sentence qua the Appellants. In this case as well, the parties entered into a compromise. The said compromise was, however, not placed on record before the Trial Court or the High Court. The Appellants are now seeking compounding of the offences and their consequential acquittal on the basis of the compromise reached between them and the Complainant victim. 6. When both these appeals came up for hearing, a two Judge Bench of this Court, vide common order dated 21st September 2012 granted leave to appeal. The Bench further directed the appeals to be listed after the disposal of reference made in Gian Singh vs. State of Punjab (2012) 10 SCC 303, where a 3Judge Bench of this Court, at that point in time, was considering the issue as to whether `non compoundable offences can be `compounded by a Court or in the alternative, whet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have a serious impact on society. Similarly, any compromise between the victim and the offender in relation to the offences under special statutes like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity, etc.; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and predominatingly civil flavour stand on a different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, the High Court may quash the criminal proceedings if in its view, because of the comprom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there is a settlement/compromise between the victim and the offender, the High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding, how he had managed with the complainant to enter into a compromise, etc. (Emphasis Applied) 11. True it is that offences which are non compoundable cannot be compounded by a criminal court in purported exercise of its powers under Section 320 Cr.P.C. Any such attempt by the court would amount to alteration, addition and modification of Section 320 Cr.P.C, which is the exclusive domain of Legislature. There is no patent or latent ambiguity in the language of Section 320 Cr.P.C., which may justify its wider interpretation and include such offences in the docket of compoundable offences which have been consciously kept out as non compoundable. Nevertheless, the limited jurisdiction to compound an offence within the framework of Section 320 Cr.P.C. is not an embargo against invoking inherent powers by the High Court vested in it under Section 482 Cr.P.C. The High Court, keeping in view the peculiar facts and circumstances of a case and for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have a harmful effect on the social and moral fabric of the society or involve matters concerning public policy, cannot be construed betwixt two individuals or groups only, for such offences have the potential to impact the society at large. Effacing abominable offences through quashing process would not only send a wrong signal to the community but may also accord an undue benefit to unscrupulous habitual or professional offenders, who can secure a settlement through duress, threats, social boycotts, bribes or other dubious means. It is well said that let no guilty man escape, if it can be avoided. 15. Given these settled parameters, the order of the High Court of Madhya Pradesh culminating into Criminal Appeal No. 1489 of 2012, to the extent it holds that the High Court does not have power to compound a non compoundable offence, is in ignorance of its inherent powers under Section 482 Cr.P.C. and is, thus, unsustainable. However, the judgment and order dated 9th January, 2009 of the High Court of Karnataka, giving rise to Criminal Appeal No. 1488 of 2012 cannot be faulted with on this count for the reason that the parties did not bring any compromise/settlement to the not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... substantive statutory law. He suggested that if the expression prohibition is read in place of provision that would perhaps convey the appropriate idea. But we think that such prohibition should also be shown to be based on some underlying fundamental and general issues of public policy and not merely incidental to a particular statutory scheme or pattern. It will again be wholly incorrect to say that powers under Article 142 are subject to such express statutory prohibitions. That would convey the idea that statutory provisions override a constitutional provision. Perhaps, the proper way of expressing the idea is that in exercising powers under Article 142 and in assessing the needs of complete justice of a cause or matter, the apex Court will take note of the express prohibitions in any substantive statutory provision based on some fundamental principles of public policy and regulate the exercise of its power and discretion accordingly. The proposition does not relate to the powers of the Court under Article 142, but only to what is or is not complete justice of a cause or matter and in the ultimate analysis of the propriety of the exercise of the power. No question of la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng in the criminal justice system, which is grounded on the sublime philosophy of maintenance of peace of the collective and that the rationale of placing an individual behind bars is aimed at his reformation. 19. We thus sumup and hold that as opposed to Section 320 Cr.P.C. where the Court is squarely guided by the compromise between the parties in respect of offences compoundable within the statutory framework, the extraordinary power enjoined upon a High Court under Section 482 Cr.P.C. or vested in this Court under Article 142 of the Constitution, can be invoked beyond the metes and bounds of Section 320 Cr.P.C. Nonetheless, we reiterate that such powers of wide amplitude ought to be exercised carefully in the context of quashing criminal proceedings, bearing in mind: (i) Nature and effect of the offence on the conscious of the society; (ii) Seriousness of the injury, if any; (iii) Voluntary nature of compromise between the accused and the victim; (iv) Conduct of the accused persons, prior to and after the occurrence of the purported offence and/or other relevant considerations. 20. Having appraised the aforestated parameters and weighing upon the peculiar facts and ci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acquitted of the charged offences for all intents and purposes. CRIMINAL APPEAL NO.1488 OF 2012 22. In so far as this appeal is concerned, we note that even though the Learned Counsel(s) for the Appellants and the Complainant victim have jointly stated before this Court that the parties have settled their dispute(s), but no formal settlement has either been brought on record nor has it been even clarified that such a deed of settlement has been recorded. Admittedly, the factum of compromise/settlement between the parties has been raised for the first time before this Court. In the absence of any proof of settlement, we find ourselves hardpressed to take cognizance of the asseverated compromise. We, therefore, direct both the Appellants as well as the complainant victim to appear before the Chief Judicial Magistrate, Shimoga and submit their settlement, if any, in writing within a period of three months. The C.J.M. shall send a Report to this Court immediately, recording his satisfaction with regard to the genuineness of the compromise. In the event, the said Report would reflect a bonafide settlement between the parties, the present appeal shall also be deemed to have bee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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