Stenography : Exercise No.9

 LEGAL DICTATION

Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and predominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private (100) or personal in nature 3 of 4 and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to (200) the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."

Since the parties have arrived at a compromise and have decided to live in peace, no useful purpose would be served in allowing (300) the criminal proceedings to continue.

In view of what has been discussed hereinabove, the petition is allowed and FIR No.0298 dated 12.10.2020 for offence punishable under Sections 148, 149,  IPC, at Police Station Sahlawas, Jhajjar, District Jhajjar and proceedings emanating therefrom are ordered to be quashed, qua the petitioners subject to payment of costs of Rs.5,000/- to be deposited with the District Legal Services Authority, Jhajjar.

Learned State counsel has filed the custody certificate in Court today and has not disputed the factual position. It is also not disputed that after arrest of the petitioner, no narcotic substance was recovered from him. (402)