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Head Note

The Code of Criminal Procedure, 1973  - Section 320 , Section 482

Heinous and serious offences - Compounding the offences - 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.

The Code of Criminal Procedure, 1973  - Section 320 , Section 482

Quashing a criminal proceeding or FIR or complaint - Civil Nature - Compounding the offences - High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim - The High Court shall be well within its jurisdiction to quash the criminal proceeding.

The Code of Criminal Procedure, 1973  - Section 320 , Section 482

Quashing a criminal proceeding or FIR or complaint - Compounding the offences - the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code - Held - Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime.

Topic(s)-Heinous and Serious Offences