The High Court
Case Details
-1- SANDEEP SETHI 2025.09.26 09:59 I attest to the accuracy and integrity of this Order/Judgment -2- 5. It is to be noted here that apart from usual Section invoked in It is to be noted here that apart from usual Section invoked in It is to be noted here that apart from usual Section invoked in A IPC, in the present FIR, Section matrimonial disputes, i.e., Section 498-A IPC, in the present FIR, Section A IPC, in the present FIR, Section matrimonial disputes, i.e., Section 498 377 IPC has also been invoked. However, the matter has now been settled 377 IPC has also been invoked. However, the matter has now been settled 377 IPC has also been invoked. However, the matter has now been settled 377 IPC has also been invoked. However, the matter has now been settled e a call as to whether the FIR in between the parties and this Court has to take a call as to whether the FIR in between the parties and this Court has to tak between the parties and this Court has to tak question can be quashed or not. The power of the High Courts to quash the question can be quashed or not. The power of the High Courts to quash the question can be quashed or not. The power of the High Courts to quash the question can be quashed or not. The power of the High Courts to quash the criminal proceedings while exercising its inherent powers under Section criminal proceedings while exercising its inherent powers under Section criminal proceedings while exercising its inherent powers under Section criminal proceedings while exercising its inherent powers under Section 528 of BNSS even for theoffences which are not compoundable under 528 of BNSS even for theoffences which are not compoundable under 528 of BNSS even for theoffences which are not compoundable under 528 of BNSS even for theoffences which are not compoundable under BNSS, has been discussed in a number of judgments. In BNSS, has Gian Singh v. been discussed in a number of judgments. In Gian Singh v. , the Supreme Court State of Punjab & Anr. reported as (2012) 10 SCC 303, the Supreme Court State of Punjab & Anr. reported as (2012) 10 SCC 303 State of Punjab & Anr. reported as (2012) 10 SCC 303 has observed as under: has observed as under: "61. The position that emerges from the above "61. The position that emerges from the above discussion can be summarised thus : the power discussion can be summarised thus : the power Court in quashing a criminal of the High Court in quashing a criminal SANDEEP SETHI 2025.09.26 09:59 I attest to the accuracy and integrity of this Order/Judgment -3-
Legal Reasoning
proceeding or FIR or complaint in exercise of its proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different inherent jurisdiction is distinct and different from the power given to a criminal court for from the power given to a criminal court for compounding the offences under Section 320 of compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude the Code. Inherent power is of wide p with no statutory limitation but it has to be with no statutory limitation but it has to be exercised in accord with the guideline engrafted exercised in accord with the guideline engrafted in such power viz. : (i) to secure the ends of in such power viz. : (i) to secure the ends of justice, or (ii) to prevent abuse of the process of any court. (ii) to prevent abuse of the process of any court. In what cases power to quash the criminal In what cases power to quash the criminal proceeding or complaint or FIR may be proceeding or complaint or FIR may be exercised where the offender and the victim have exercised where the offender and the victim have settled their dispute would depend on the facts settled their dispute would depend on the facts and circumstances of each case and no category and circumstances of each case and no category can be prescribed. However, before exercise of can be prescribed. However, before exercise of such power, the High Court must have due such power, the High Court regard to the nature and gravity of the crime. regard to the nature and gravity of the crime. Heinous and Heinous and serious offences of mental serious offences of mental depravity or offences like murder, rape, dacoity, depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the etc. cannot be fittingly quashed even though the victim or victim's family and the offender have victim or victim's family and the offender have he dispute. Such offences are not private settled the dispute. Such offences are not private in nature and have a serious impact on society. in nature and have a serious impact on society. Similarly, any compromise between the victim Similarly, any compromise between the victim and the offender in relation to the offences under and the offender in relation to the offences under special statutes like the Prevention of Corruption special statutes like the Prevention of Corruption committed by public servants Act or the offences committed by public servants while working in that capacity, etc.; cannot while working in that capacity, etc.; cannot provide for any basis for quashing criminal provide for any basis for quashing criminal proceedings involving such offences. But the proceedings involving such offences. But the criminal cases having overwhelmingly and criminal cases having overwhelmingly and predominatingly civil predominatingly civil flavour stand on a flavour stand on a footing for the purposes of quashing, different footing for the purposes of quashing, SANDEEP SETHI 2025.09.26 09:59 I attest to the accuracy and integrity of this Order/Judgment -4- particularly particularly the the offences offences arising arising from from commercial, commercial, financial, mercantile, financial, mercantile, civil, civil, partnership or such like transactions or the partnership or such like transactions or the offences arising out of matrimony relating to offences arising out of matrimony relating to dowry, etc. or the family disputes where the dowry, etc. or the family disputes where the rong is basically private or personal in nature wrong is basically private or personal in nature and the parties have resolved their entire and the parties have resolved their entire dispute. In this category of cases, the High Court dispute. In this category of cases, the High Court may quash the criminal proceedings if in its may quash the criminal proceedings if in its view, because of the compromise between the view, because of the compromise between the offender and offender and the victim, the victim, the possibility of conviction is remote and bleak and continuation conviction is remote and bleak and continuation of the criminal case would put the accused to of the criminal case would put the accused to great oppression and prejudice and extreme great oppression and prejudice and extreme injustice would be caused to him by not quashing injustice would be caused to him by not quashing the criminal case despite full and complete the criminal case despite full and complete ent and compromise with the victim. In settlement and compromise with the victim. In other words, the High Court must consider other words, the High Court must consider whether it would be unfair or contrary to the whether it would be unfair or contrary to the interest of justice to continue with the criminal interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding or continuation of the criminal proceeding would proceeding would tantamount tantamount to abuse of to abuse process of process of law despite law despite settlement and settlement and compromise between compromise between the victim and the victim and the the wrongdoer and whether to secure the ends of wrongdoer and whether to secure the ends of justice, it is appropriate that the criminal case is justice, it is appropriate that the criminal case is put to an end and if the answer to the above put to an end and if the answer to the above question(s) is in the affirmative, the High Court question(s) is in the affirmative, shall be well within its jurisdiction to quash the shall be well within its jurisdiction to quash the criminal proceeding." criminal proceeding." 6. After relying on Gian Singh (supra), this position has been After relying on Gian Singh (supra), this position has been After relying on Gian Singh (supra), this position has been Narinder Singh & Ors. v. State of Punjab & Anr. further discussed in Narinder Singh & Ors. v. State of Punjab & Anr. Narinder Singh & Ors. v. State of Punjab & Anr. further discussed in SANDEEP SETHI 2025.09.26 09:59 I attest to the accuracy and integrity of this Order/Judgment -5-