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SUPREME COURT OF INDIA
Uday Umesh Lalit, CJI., S. Ravindra Bhat, J.
Jasmair Singh & Anr. – Appellants
Versus
State of Haryana & Anr. – Respondents
Criminal Appeal No. 1444 of 2022 (Arising out of SLP (Crl.) No. 5724 of 2022)
Decided On : 05-09-2022
Settlement - Criminal Procedure - The court allowed the appeal and quashed the criminal proceedings based on a settlement between the parties, in accordance with the law declared by the Supreme Court in Gian Singh v. State of Punjab (2012) 10 SCC 303.
Fact of the Case:
The appellant husband sought quashing of criminal proceedings against him based on a settlement with the respondent wife.
Finding of the Court:
The court allowed the appeal, considering the settlement between the parties and quashed the criminal proceedings.
Issues:
Ratio Decidendi: The settlement between the parties and the law declared by the Supreme Court in Gian Singh v. State of Punjab influenced the court's decision to exercise jurisdiction under Section 482 of the Code of Criminal Procedure.
Final Decision: The appeal was allowed, the settlement was taken on record, and the criminal proceedings were quashed.
ORDER
1. Leave granted.
2. This appeal arises out of the judgment and order dated 07.04.2022 passed by the High Court of Punjab and Haryana at Chandigarh in CRM-M No. 974 of 2022.
3. The appellant husband is facing prosecution in crime registered pursuant to First Information Report No. 55 dated 14.02.2016 lodged with Police Station Pehowa, District Kurukshetra, Haryana, in respect of offences punishable under Sections 323, 406, 498-A and 506 of the Indian Penal Code, 1860 ("IPC" for short).
4. A Memo of Compromise dated 23.12.2021 was entered into between the appellant husband and respondent no. 2-wife in respect of all the pending litigations between the parties.
5. In accordance with said compromise, the appellant filed CRM-M No. 974 of 2022 under Section 482 of the Code of Criminal Procedure, ("Cr.P.C." for short) praying for quashing of the crime registered pursuant to First Information Report No. 55 of 2016. The request having been turned down, the instant appeal has been preferred by the appellant-husband.
6. It is not disputed that a settlement was arrived at between the appellant-husband and the respondent no. 2-wife.
7. Since the parties have buried the hatchet and have decided to give quietus to the proceedings which were lodged inter se, going by the law declared by this Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, the case was eminently suitable to be considered for exercise of jurisdiction under Section 482 of the Code.
8. We, therefore, allow this appeal, take the settlement on record and quash the proceedings registered pursuant to First Information Report No. 55 dated 14.02.2016 lodged with Police Station Pehowa, District Kurukshetra, Haryana, in respect of offences punishable under Sections 323, 406, 498-A and 506 of the IPC.
The court can exercise jurisdiction under Section 482 of the Code of Criminal Procedure to quash criminal proceedings based on a settlement between the parties, in line with the law declared by the S....
The court has the authority to quash proceedings if an amicable settlement is reached between the parties and if the allegations are similar to a previously quashed FIR.
The court can quash a criminal case if it finds that the alleged offense is unnecessarily incorporated in the FIR and the ingredients of the offense are not satisfied, especially when the parties hav....
The main legal point established in the judgment is the court's exercise of inherent power under Section 482 of the Code of Criminal Procedure to quash the FIR and proceedings based on an amicable se....
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