SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(P&H) 734

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sanjay Vashisth, J.
Sukhwinder Kumar & Ors. – Appellants
Versus
State Of Haryana & Anr. – Respondents
CRM-M-42320-2021
Decided On : 19-09-2022

Advocates:
Mr. Priyavrat Parashar, Advocate for the petitioners., for the Appellant; Mr. Vikas Bhardwaj, AAG, Haryana. Mr. Neeraj Goel, Advocate for respondent No.2., for the Respondent

The main legal point established is that the court has the power to quash criminal proceedings based on a genuine compromise between the parties, especially when it would prevent abuse of the process of law and the chances of conviction are bleak.

Headnote:

Section 482 - Quashing of FIR - IPC 435, 34, 506 - SC/ST Act 1989 3(r), 3(s), 3(2)(iii)

Fact of the Case:

The petitioners filed a petition under Section 482, Cr.P.C. seeking to quash FIR No. 78, dated 26.04.2020, for offenses under IPC Sections 435, 34, 506 and SC/ST Act 1989 Sections 3(r), 3(s), 3(2)(iii) at Police Station Cheeka, District Kaithal, based on a compromise dated 04.08.2021.

Finding of the Court:

The court found that the private parties had genuinely effected a compromise, and the pendency of the criminal litigation would be an abuse of process of law since the chances of conviction were bleak in view of the compromise.

Issues: The main issue was whether the FIR and consequential proceedings should be quashed based on the compromise between the private parties.

Ratio Decidendi: The court relied on legal principles from various judgments, including the need to prevent abuse of the process of law, the voluntary nature of the compromise, and the nature and effect of the offense on the society.

Final Decision: The court quashed FIR No. 78, dated 26.04.2020, and all consequential proceedings arising therefrom, in view of the compromise dated 04.08.2021.

JUDGMENT

Sanjay Vashisth, J. - The present petition under Section 482, Cr.P.C., has been filed by the petitioners, for quashing of FIR No. 78, dated 26.04.2020 (Annexure P-1), for the offences punishable under Sections 435, 34, 506 of IPC and Sections 3(r), 3(s) and 3(2)(iii) of the Scheduled Caste and Scheduled Tribes (prevention of Atrocities) Act, 1989 at Police Station Cheeka, District Kaithal, and all the consequential proceedings arising therefrom, on the basis of compromise dated 04.08.2021 (Annexure P-2).

2. Vide order dated 07.10.2021, the affected parties were directed to appear before the learned trial Court/Illaqa Magistrate, for getting their respective statements recorded with regard to the compromise. The trial Court/Illaqa Magistrate was to submit a report in this regard giving certain details as enumerated in the said order.

3. Pursuant to the order dated 07.10.2021, passed by this Court, the parties have appeared before learned Addl. Sessions Judge, Special Court, Kaithal, and as per report dated 25.10.2021, submitted to this Court, both the parties have got recorded their respective statements in Court. The operative part of the report received from learned Court below is as under:-

    'As directed, statements of complainant 'JS' (a member of Scheduled Caste) and accused persons namely Sukhwinder Kumar, Sandeep and Jagjeet, present before the Court, being affected parties, have been recorded in respect of settlement/effecting compromise between them in aforesaid FIR. Afore-named accused appeared alongwith their counsel(s) Shri Nitin Chhabra and Shri Davinder Gorsi and Complainant 'JS' (a member of Scheduled Caste) appeared alongwith counsel Shri Sachin Jain. Complainant 'JS' has made statement that he is complainant in the present FIR. He is resident of resident of Ward No.9, Sanjay Colony, Cheeka, District Kaithal. An amicable settlement has been entered with accused persons namely Sukhwinder Kumar, Sandeep and Jagjeet, with the intervention of respectable persons of the locality, in the present case. Now, he has no grudges against accused persons. He is making his statement voluntarily, without any threat or coercion. Compromise Ex.C1 (placed on record) has been effected between him and accused persons. It bears his signature. He has no objection in case of quashment of FIR No.78 dated 26.04.2020, registered against accused persons, at Police Station Cheeka, District Kaithal. Their compromise may kindly be accepted. Accused persons i.e. (1). Sukhwinder Kumar son of Krishan Kumar, aged about 30 years. (2). Sandeep son of Krishan Kumar, aged about 26 years and (3). Jagjeet son of Prithavi Singh, aged about 35 years, all residents of Ward No.9, Sanjay Colony, Cheeka, District Kaithal, have made their joint statement that they are accused in the aforesaid FIR bearing No.78 dated 26.04.2020, registered at Police Station Cheeka, District Kaithal and Complainant 'JS' (a member of Scheduled Caste) aged about 38 years, son of Shri 'RS', resident of Ward No.9, Sanjay Colony, Cheeka, District Kaithal, has compromised the matter with them, as per his free will, voluntarily and without any threat or coercion. No other criminal case is pending against them. They have never been declared as proclaimed offenders. Compromise Ex.C1 (placed on record) bear their signatures. It may kindly be accepted.

    As per the aforesaid statements of parties, they being residents of same village and in order to maintain the peace and brotherhood, have amicably settled the matter with the intervention of respectable persons of the village. Compromise Ex.C1 has also been placed on record duly signed by both the appearing parties. Complainant 'JS' has no objection in case of quashment of the proceedings against accused persons in the aforesaid FIR, registered at Police Station Cheeka, District Kaithal. They have been duly identified by their counsel(s).

    Thus, it is safely concluded that compromise has been voluntarily effected between the parties (comp

          Click Here to Read the rest of this document
          1
          2
          3
          4
          5
          6
          7
          8
          9
          10
          11
          SupremeToday Portrait Ad
          supreme today icon
          logo-black

          An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

          Please visit our Training & Support
          Center or Contact Us for assistance

          qr

          Scan Me!

          India’s Legal research and Law Firm App, Download now!

          For Daily Legal Updates, Join us on :

          whatsapp-icon Back to top