Ved Prakash Sharma Vs. The State of Madhya Pradesh & ors

Madhya Pradesh High Court (Single Judge)

MCRC, 44785 of 2021, Judgment Date: Nov 16, 2021

Law laid down - 

Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accordance with the guidelines engrafted in such power namely; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In those cases power to quash the criminal proceedings or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such powers, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim’s family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society. It is further held that the criminal cases having overwhelmingly and pre-dominatingly civil flavor 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 from matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. It is further held that the 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.

Offence punishable under section 304A is to depict the public face of criminal justice system and is in larger interest of the society. Power of wealth need not extend to overawe court processes. Offence punishable under section 304A IPC cannot be termed to be an offence which is private in nature, thus deterrent principle of punishing an individual for their reckless act because the sentence should be proportionate to gravity of offence and should necessarily have deterrent effect, therefore court refused to quash the criminal proceedings in pending appeal on the basis of compromise.

Ved Prakash Sharma Vs. The State of Madhya Pradesh & ors