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N. S. SHEKHAWAT
Ashish @ Sonu Sharma – Appellant
Versus
State of Haryana – Respondent
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 sh
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....
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