CRL.M.C.No.3233/2014
..... Petitioners
Mr.Mahipal Singh, Advocate.
Versus
THE STATE & ORS.
Represented by:
..... Respondents
Mr. Ravi Nayak, Additional
Public Prosecutor for the
State with SI Bijendra
Kumar, P.S. Chhawla,
Respondent No. 2 in person.
CORAM:
HONBLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1.
for
the
offences
punishable
under
Sections
submits that petitioners have remained in jail for about one week
and thereafter released on bail by the learned Magistrate. The
aforesaid FIR was registered on the complaint of respondent
No.2/complainant, who has settled all the disputes with the
Page 1 of 7
of
Police
Station
Chhawla,
SCC 303, the Apex Court has recognized the need of amicable
resolution of disputes in cases like the instant one, by observing as
under:Resolution of a dispute by way of a compromise
between two warring groups, therefore, should attract the
immediate and prompt attention of a court which should
endeavour to give full effect to the same unless such
compromise is abhorrent to lawful composition of the
society or would promote savagery.
Where the High Court quashes a criminal
Page 2 of 7
the case of Narinder Singh & Ors. Vs. State of Punjab & Anr.
2014 6 SCC 466 wherein held as under:31. In view of the aforesaid discussion, we sum up and
lay down the following principles by which the High
Court would be guided in giving adequate treatment to
the settlement between the parties and exercising its
power under Section 482 of the Code while accepting
the settlement and quashing the proceedings or
refusing to accept the settlement with direction to
continue with the criminal proceedings:
(I) Power conferred under Section 482 of the
Code is to be distinguished from the power
which lies in the Court to compound the offences
under Section 320 of the Code. No doubt, under
Section 482 of the Code, the High Court has
inherent power to quash the criminal
proceedings even in those cases which are not
compoundable, where the parties have settled
the matter between themselves. However, this
power is to be exercised sparingly and with
caution.
(II) When the parties have reached the
settlement and on that basis petition for
Page 3 of 7
Page 4 of 7
Page 5 of 7
Page 6 of 7
7.
parties
and
the
statement
made
by
the
respondent
No.2/complainant.
8.
order as to costs.
SURESH KAIT, J.
JULY 03, 2015
sb
Page 7 of 7