TMI Blog2016 (1) TMI 1503X X X X Extracts X X X X X X X X Extracts X X X X ..... ld not hesitate to quash them. In such cases, pursuing prosecution would be waste of time and energy. Non-compoundable offences are basically an obstruction in entering into compromise. In certain cases, the main offence is compoundable but the connected offences are not. In the case of B.S. JOSHI ORS. VERSUS STATE OF HARYANA ANR. [ 2003 (3) TMI 721 - SUPREME COURT ] the Hon'ble Apex Court observed that even though the provisions of Section 320 Cr.P.C. would not apply to such offences which are not compoundable, it did not limit or affect the powers under Section 482 Cr.P.C. The Hon'ble Apex Court laid down that if for the purpose of securing the ends of justice, quashing of FIR becomes necessary, section 320 Cr.P.C. wou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent no. 2, namely, Smt. Reshma Manoj Aggarwal. 2. Learned Additional Public Prosecutor for respondent-State submitted that the respondent no. 2, present in the Court has been identified to be the complainant/first-informant of the FIR in question by her counsel. 3. In the present petition, FIR No. 70/2009 was lodged by Reshma Manoj Aggarwal w/o Manoj Balmukund Aggarwal on 07.09.2009 with the allegation that she is residing with her family and her husband-Manoj Balmukund Aggarwal. On 03.07.2009, Sh. Manoj Balmukund Aggarwal went to Delhi along with advocate Ramesh Nathu Shinde to attend a Court case. On 08.07.2009, she came to know from her elder brother, namely, Ashwini Aggarwal that advocate Ramesh Nathu Shinde has come back to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erate with each other to withdraw or close all the pending cases filed each other. It is submitted that respondent no. 2 wrote a letter dated 02.09.2012 to the SHO, P.S. Nabi Karim, Delhi to stop the investigation to close the case in view of the amicable settlement of disputes between the parties. Respondent no. 2 affirmed the contents of the settlement and of her affidavit dated 23.03.2015. In the affidavit, the respondent no. 2 has stated that she has no objection if the FIR in question is quashed. All the disputes and differences have been resolved through mutual consent. Now no dispute with petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end. Statement of the respondent No. 2 has been re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings: 29.1. 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. However, this power is to be exercised sparingly and with caution. 29.2. 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 s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the parties are carried on. So, this Court is of the considered opinion that this is a fit case to invoke the jurisdiction under Section 482 Cr.P.C. to prevent the abuse of process of law and to secure the ends of justice. 8. The incorporation of inherent power under Section 482 Cr.P.C. is meant to deal with the situation in the absence of express provision of law to secure the ends of justice such as, where the process is abused or misused; where the ends of justice cannot be secured; where the process of law is used for unjust or unlawful object; to avoid the causing of harassment to any person by using the provision of Cr.P.C. or to avoid the delay of the legal process in the delivery of justice. Whereas, the inherent power is not to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es which are not compoundable, it did not limit or affect the powers under Section 482 Cr.P.C. The Hon'ble Apex Court laid down that if for the purpose of securing the ends of justice, quashing of FIR becomes necessary, section 320 Cr.P.C. would not be a bar to the exercise of power of quashing. In the nutshell, the Hon'ble Apex Court justified the exercise of powers under Section 482 Cr.P.C. to quash the proceedings to secure the ends of justice in view of the special facts and circumstances of the case, even where the offences were non- compoundable. In the light of the aforesaid, this Court is of the view that notwithstanding the fact the offences under Sections 365,364A, 328,174A IPC are non-compoundable offences, there shoul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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