Gian Singh vs State Of Punjab & Anr on 24 September, 2012
It is now well settled that the High Court has inherent
power to quash the criminal proceedings in non-compoundable cases on
the basis of settlement between the parties for securing the ends of
justice or to prevent abuse of the process where the possibility of
conviction is remote and bleak and continuation of the criminal case
would put the accused to great oppression and prejudice and extreme
injustice would be caused to him by not quashing the criminal case.
Criminal cases having overwhelmingly and predominantly civil
character particularly those arising out of commercial transaction or
arising out of matrimonial relationship or family dispute can be
quashed when the parties have resolved their entire dispute among
themselves. However, such power cannot be exercised in those
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prosecutions which involve heinous and serious offences of mental
depravity or offences like murder, rape dacoity, etc. which are not
private in nature and have a serious impact on society. Similarly,
prosecution for offences alleged to have been committed under special
enactments like the Prevention of Corruption Act or the offences
committed by public servant while working in that capacity cannot be
quashed on the basis of compromise between the victim and the
offender. For judicial precedents in this regard, reference may be made
to Gian Singh Vs. State of Punjab and another : 2012(4) RCR
Criminal) 543, Narinder Singh Vs. State of Punjab (Supreme Court)
: 2014 (2) RCR (Criminal) 482, State of Madhya Pradesh Vs. Laxmi
Narayan and others (Supreme Court) : 2019 (2) RCR (Criminal) 255
and Kulwinder Singh and others Vs. State of Punjab and others
(Punjab and Haryana High Court) : 2007 (3) RCR (Criminal) 1052.