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6. When both these appeals came up for hearing, a two­Judge Bench of this Court, vide common order dated 21st September 2012 granted leave to appeal. The Bench further directed the appeals to be listed after the disposal of reference made in Gian Singh vs. State of Punjab1, where a 3­Judge Bench of this Court, at that point in time, was considering the issue as to whether `non­compoundable’ offences can be `compounded’ by a Court or in the alternative, whether the High Court in exercise of its inherent powers under Section 482 Cr.P.C. could quash non­compoundable offences, based on a compromise/settlement arrived at between the accused and the victim­complainant, and if so, under what circumstances.

7. The Appellants, in both the appeals, thus seek the Court to invoke powers under Article 142 of the Constitution to do complete justice to them.

ANALYSIS:

(2012) 10 SCC 303 Page | 5

8. We have heard learned Counsels for the Appellants and the State(s) at a considerable length. The questions of law concerning the power of a High Court to quash proceedings emanating from non­ compoundable offences which have no impact or depraving effect on the society at large, on the basis of a compromise between the accused and the victim­complainant, are no longer res integra and the same have been authoritatively settled by this Court in affirmative. Learned Counsel for the Appellants and Complainant(s) in both the appeals have, therefore, heavily counted on the compromise/settlement between the parties and seek quashing of the criminal prosecution in its entirety, Learned State Counsel(s) without controverting the factum of compromise, vehemently opposed such a recourse and asserted that no substantial question of law is involved in these appeals.

10. The compendium of these broad fundamentals structured in more than one judicial precedent, has been recapitulated by another 3­Judge Bench of this Court in State of Madhya Pradesh vs. Laxmi Narayan & Ors.2 elaborating:

“(1) That the power conferred under Section 482 of the Code to quash the criminal proceedings for the non­ compoundable offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves;

(4) xxx xxx xxx (5) While exercising the power under Section 482 of the Code to quash the criminal proceedings in respect of non­compoundable offences, which are private in nature and do not have a serious impact on society, on the ground that there is a settlement/compromise between the victim and the offender, the High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding, how he had managed with the complainant to enter into a compromise, etc.” (Emphasis Applied)