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Supreme Court Hits Pause: Trial Stay for Accused Shielded by Compromise, Notice on Quash Bid
In a pivotal interim move, a bench of the comprising Hon'ble Mr. Justice Hrishikesh Roy and Hon'ble Mr. Justice S.V.N. Bhatti has issued notice to the on a filed by Puneet Kumar @ Punit Kumar . The petitioner challenges the 's refusal to quash an against him under , despite a compromise with the . Notably, the top court has stayed the trial proceedings only , allowing it to continue against others.
From Shadows of to Spotlight of Compromise
The saga began with an where Puneet Kumar was conspicuously absent from the initial complaint. He was later implicated solely on the statement of a , Krishan Soni . On , the petitioner struck a compromise with the (Annexure P-2), forming the bedrock of his High Court petition for quashing. The High Court dismissed it via order dated , in CRM-M No. 44474/2023, prompting this SLP (No. 17731/2024).
The core legal puzzle: Can a court partially quash an —specifically for one accused not named originally—based on a private compromise, even as proceedings rumble on for ?
Petitioner's Pitch: High Courts in Discord Demand SC Clarity
Represented by Advocates , , and AOR Pranjal Kishore , the petitioner urged the Supreme Court to intervene. He spotlighted a revealing chart (Page-D of the petition) mapping divergent High Court stances on post-compromise with select accused. Some courts greenlight it; others balk, insisting on wholesale resolution or none at all.
Heard Mr. Pranjal Kishore, learned counsel appearing for the petitioner, the bench noted, underscoring the petitioner's unnamed status in the and his late entry via testimony as key differentiators.
No arguments were advanced for the respondents ( & Anr. ) at this admission stage.
Bench Weighs the Scales: Noticing the Rift, Halting the Petitioner's March
The justices zeroed in on the fractured judicial landscape:
"different High Courts had taken contrary positions on the issue as to whether on the face of compromise with one or few of the accused in the case, the case can be part quashed by the Court."
This interim order sidesteps a final ruling but signals scrutiny ahead. By staying trial not , the court shields him from prosecution heat while the matter ripens—notice returnable in six weeks.
Echoes from the Record: Court's Own Words
Key Observations from the order:
"The issue to be considered here is whether on the basis of the compromise reached between theand the petitioner (one of the accused), on(Annexure P-2), theon the petition filed undershould have been ordered by the Court."
"In this case, the petitioner was not named in theand was roped in on the basis of the statement by a(Krishan Soni)."
"Issue notice, returnable in six weeks. In the meantime, the trial may continue but not."
Road Ahead: A Precedent-Setting Horizon?
This holding won't rewrite law yet, but it tees up a potential clarion call on compromise-driven quashing for peripheral accused. Future FIRs implicating late entrants via statements could pivot on this—favoring leniency where peace prevails privately, or upholding collective trial sanctity? The six-week runway promises deeper dives, possibly harmonizing High Court chaos under .
For now, Puneet Kumar breathes easier, his trial on ice amid the Supreme Court's watchful gaze.
