IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
N.S. Shekhawat, J.
Ashish @ Sonu Sharma - Petitioner - Appellant
Versus
State of Haryana and another - Respondents - Respondent
CRM-M-17717 of 2023
Decided On : 04-07-2023
Compromise - Quashing of FIR - The court allowed the petition for quashing the FIR based on the genuine and voluntary compromise between the parties, considering the nature of the offences and in view of relevant legal precedents.
Fact of the Case:
The petition was filed for quashing an FIR under various sections of IPC and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, based on a compromise between the parties.
Finding of the Court:
The court found that the compromise was genuine and voluntary, and considering the nature of the offences and relevant legal precedents, allowed the petition for quashing the FIR.
Issues: The main issue was the quashing of the FIR based on the compromise between the parties.
Ratio Decidendi: The court considered the genuineness and voluntariness of the compromise, the nature of the offences, and relevant legal precedents in allowing the petition for quashing the FIR.
Final Decision: The court allowed the petition and quashed the FIR and all consequential proceedings arising therefrom.
N.S.SHEKHAWAT, J.
1. The instant petition has been filed under Section 482 Cr.P.C. for quashing of an FIR No. 669 dated 25.07.2022 under Sections 323, 341, 379-B of IPC and Section 3(I)(q) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015), [charges have been framed under Section 323, 341, 379-B IPC and Section 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015)], registered at Police Station Assandh, District Karnal (Annexure P-1) alongwith all the consequential proceedings arising therefrom on the basis of compromise dated 24.03.2023 (Annexure P-3).
2. Vide order dated 13.04.2023 while issuing notice of motion, a Co-ordinate Bench of this Court had directed the parties to appear before the Illaqa Magistrate/trial Magistrate for getting their statements recorded with respect to the compromise dated 24.03.2023 (Annexure P-3).
3. Pursuant to aforesaid order, the parties have appeared before the learned Addl. District And Sessions Judge and got their statements recorded. Report dated 25.05.2023 has been received whereby after recording the statements of the parties, the Court below has shown its satisfaction that the compromise is genuine, voluntary and without any coercion or undue influence.
4. I have heard counsel for the parties and gone through the case file.
5. In the light of the satisfaction shown by the Court below and considering the offence for which the accused have been charged are not of serious nature, together with the fact that compromise will go a long way in ironing out the differences for betterment of future life of the parties and also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR is allowed qua the petitioners.
6. Resultantly, FIR No. 669 dated 25.07.2022 under Sections 323, 341, 379-B of IPC and Section 3(I)(q) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015), [charges have been framed under Section 323, 341, 379-B IPC and Section 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015)], registered at Police Station Assandh, District Karnal (Annexure P-1) alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioners.
Petition allowed.
The genuineness and voluntariness of a compromise, the nature of the offences, and relevant legal precedents are crucial in deciding the quashing of an FIR.
The court affirmed that FIRs under the SC/ST Act can be quashed based on voluntary compromise, provided it aligns with the Act's protective objectives.
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.