"High Court has Inherent Power to Quash Criminal Proceedings Even in those Cases Which are Not Compoundable" : Supreme Court

 "High Court has Inherent power to Quash Criminal Proceedings Even in those cases Which are Not Compoundable" : Supreme Court

There are many cases which have been decided by Hon'ble Supreme Court.

What has emerged from page 26 and 27 of case citation Narinder Singh v State of Punjab [2014] GCtR 2592 (SC) in context of Code of Criminal Procedure, 1973 is this : -

"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. 

(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 society. Similarly, for offences alleged to have been committed under special statute like the Prevention of Corruption Act or the offences committed by Public Servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender. 

(IV) On the other, those criminal cases having overwhelmingly and pre-dominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves. 

(V) While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases."

Written by 

Vishal

Delhi

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