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"(i). ... acknowledge that the Bank representative participated in the mediation and settlement process because the matter was referred to settlement by the court and mediation was carried out by the judicial officers, due to which there was an oversight by the Bank representative to agree as part of this settlement to give a „no-objection‟ for quashing of the criminal proceedings (involving some non-compoundable offences) arising out of the relevant FIRs being 47/2003, 45/2003, 53/2003, 54/2003; and to tender apology for the said oversight.
5. The Hon‟ble Supreme Court in various judgments pronounced since 2012 has elaborately discussed and laid down principles / guidelines which may be kept in mind by the High Court while exercising its power under Section 482 Cr. PC by quashing the criminal proceedings in cases involving non compoundable offences where amicably settlement otherwise is reached between the contesting parties ...
6. By laying down and applying the above stated principles and guidelines from time to time, Supreme Court has recognized the permissibility of quashing the criminal prosecutions in non-compoundable cases by High Court in exercise of its inherent jurisdiction under Section 482 of the Cr. PC. The Supreme Court has accepted compromises / settlements in non- compoundable offences upon evaluation of the factors like genuineness, fairness, equity, stage of the criminal proceedings and interests of justice."
(i). The inherent jurisdiction vested in the High Court, as recognized and preserved by Section 482 Cr. PC, is primarily to "prevent abuse of the process of court" or to "otherwise secure the ends of justice".
(ii). The ends of justice are higher than the ends of mere law, the prime principle governing the exercise of inherent power being "to do real, complete and substantial justice" for which the court exists.
(iii) It is the duty of the court to give "adequate treatment to the settlement between the parties" particularly in cases involving compoundable offences, the exercise of inherent power of the High Court under Section 482 Cr.P.C., however, not being inhibited in case of non-compoundable offences though, for the latter category, such power is to be "exercised sparingly and with caution".