A division bench of the Apex Court held as follows,
From Para 25,
25. It has been held that there are certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or a family dispute, where the wrong is basically to the victim and the offender and the victim have settled all disputes between them amicably, the High Court would be justified in quashing the criminal proceedings, even if the offences have not been made compoundable.
From Para 28,
28. In paragraph 61, this Court observes that, in which cases power to quash the criminal proceeding or complaint or FIR may be exercised, where the offender and the victim have settled their dispute, would depend on the facts and circumstances of each case. However, the Court reiterates that the criminal cases having an overwhelmingly and predominatingly civil flavour stand on a different footing for the purposes of quashing. The Court particularly refers to the offences arising out of commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. The Court finds that in such cases, 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 despite full and complete settlement and compromise with the victim.
Citations: [2024 INSC 750]
Other Sources:
https://indiankanoon.org/doc/179779353/
https://www.verdictum.in/court-updates/supreme-court/k-bharthi-devi-v-state-of-telangana-2024-insc-750-criminal-cases-with-civil-character-should-be-quashed-when-parties-have-resolved-disputes-1553531
K. BHARATHI DEVI & ANR. Vs STATE OF TELANGANA & ANR.
The Order of the Telangana High Court that was challenged.
Index of Quash judgments is here.
