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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Deepak Gupta, J.
Inderjeet Singh @ Lalli and Another - Petitioners - Appellant
Versus
State of Punjab and Others - Respondents - Respondent
CRM-M-35337 of 2022
Decided On : 11-07-2023
Compromise - Quashing of FIR - The court allowed the petition to quash the FIR and subsequent proceedings based on the compromise between the parties, following the principles laid down in previous judgments.
Fact of the Case:
The petition was filed to quash an FIR registered under various sections of the IPC and the Schedule Caste and The Schedule Tribes (Prevention of Atrocities) Act, 1989, based on a compromise between the parties.
Finding of the Court:
The court directed the parties to appear before the trial court to get their statements recorded. The learned Magistrate confirmed the genuineness of the compromise based on the statements recorded. The court allowed the petition to quash the FIR and subsequent proceedings in line with previous judgments.
Issues: The main issue was the quashing of the FIR and subsequent proceedings based on the compromise between the parties.
Ratio Decidendi: The court relied on the principles laid down in previous judgments, emphasizing the voluntary and genuine nature of the compromise between the parties.
Final Decision: The petition to quash the FIR and subsequent proceedings was allowed by the court.
DEEPAK GUPTA, J.
1. Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.52 dated 02.04.2021 registered under Sections 308, 341, 323, 506 of the IPC and Section 3 of Schedule Caste and The Schedule Tribes (Prevention of Atrocities) Act, 1989 registered at Police Station Dakha, District Ludhiana Rural and all subsequent proceedings arising therefrom on the basis of compromise dated 19.01.2022 and affidavit dated 20.01.2022 (Annexure P-3).
2. This Court vide order dated 11.04.2023 had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise.
3. Pursuant to the aforesaid order, parties have appeared before Learned Judicial Magistrate 1st Class and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 15.06.2023 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.
4. Due to heavy downpour in tricity and the resolution of the Bar to the effect that there will be no work, no one has appeared today on behalf of parties.
5. Since statement of parties with regard to compromise have already been recorded as per report received from Court concerned, no useful purpose would be served to continue with the proceedings before the trial Court in the instant F.I.R.
6. Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and F.I.R. No.52 dated 02.04.2021 registered under Sections 308, 341, 323, 506 of the IPC and Section 3 of Schedule Caste and The Schedule Tribes (Prevention of Atrocities) Act, 1989 registered at Police Station Dakha, District Ludhiana Rural and all subsequent proceedings arising therefrom on the basis of compromise dated 19.01.2022 and affidavit dated 20.01.2022 (Annexure P-3), are quashed qua the petitioners.
Order accordingly.
The court can quash F.I.R. and subsequent proceedings based on a genuine compromise between the parties, following established legal principles.
The court can quash an FIR and subsequent proceedings based on a compromise between the parties, following established legal principles.
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 central legal point established in the judgment is that the power u/s 482 Cr.P.C. can be invoked to quash proceedings based on a compromise between the parties in matters predominantly of civil c....
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