Gian Singh vs State Of Punjab & Anr on 24 September, 2012
8. It is true that in Gian Singh V. State of Punjab
2012(4) KLT 108 (SC), Supreme Court has held that if the
matter is settled between the parties, the case can be
quashed. But, in the same decision, certain guidelines have
been given regarding the nature of cases in which the power
under Section 482 can be invoked to quash proceedings in
which non compoundable offences are involved. If it is having
some impact on the society, the gravity of offence also will
have to be taken into account. In the same decision, it has
been observed that merely because the victims of the offence
have settled the dispute in such cases is not a ground for the
court to quash the proceedings on the ground of settlement if
the court feels that it is a matter affecting the public at large.
Further, in the above decision, the Honourable Supreme Court
intended to exercise the power under Section 482 of Code of
Criminal Procedure, in cases where family issues are involved,
private or commercial transactions have been converted in to
criminal matters, then, in order to bring harmony among the
family members and the business community, this can be used
if it is settled and not in all cases where habitual offenders are
involved or grave crimes have been committed. If a liberal
Crl.M.C.No.2233 of 2014 : 6 :
view is taken and the High Court excercises power under
Section 482 of Code of Criminal Procedure, very liberally
quashing the cases at the crime stage itself without allowing
the investigating agency to go into the question and find out
the truth, then, it will only give a wrong message to the
society and the tendancy to commit crime will increase and
they may be under the hope that crime can be committed,
later it can be settled and if they approach the Honourable
High Court, it will be quashed under Section 482 of Code of
Criminal Procedure very liberally. Such a message should not
be given to the society by allowing 482 to be misused in such a
larger extent. So, considering the circumstances and also the
nature of offence alleged, nature of weapon used and also
there is nothing mentioned in the affidavit regarding the
relationship between the parties, I don't think that it is a fit
case where the power under Section 482 of Code of Criminal
Procedure has to be invoked merely on the ground that there
was settlement arrived at between the parties to quash the
proceedings and the petition is liable to be dismissed.