Quashing of Criminal Proceedings -- Settlement with Actual Victim -- Consent of informant not necessary
(i) Code of Criminal Procedure, 1973, S.482 -- Quashing of Criminal Proceedings -- Settlement with Actual Victim -- Consent of informant not necessary -- Inherent power to quash criminal proceedings is distinct from statutory compounding under Section 320 CrPC, which requires consent of the complainant. Where the actual victim who suffered loss has settled the dispute with the accused, an informant who is not the victim cannot block quashing merely by withholding consent. (ii) Code of Criminal Procedure, 1973, S.482 -- Quashing of Criminal Proceedings -- Offences with Civil and Commercial Flavour -- Continuation amounts to abuse of process after settlement -- Criminal proceedings that predominantly bear a civil and commercial character may be quashed where the parties have amicably settled the dispute and the prospect of conviction is bleak. Continuation of such proceedings after settlement serves no purpose of justice and amounts to abuse of the judicial process.
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