HC reiterates Inherent Power can be used by the Court to Quash Criminal Proceedings in which a compromise has been effected [Read Judgment]

15 Dec 2021

By : Mehak Dhiman

The Punjab and Haryana HC was dealing with the petition filed under Section 482 Cr.P.C. praying for quashing of FIR registered under Sections 354, 452, 506 IPC and all other consequential proceedings arising therefrom, on the basis of compromise.

A report has been submitted by the Judicial Magistrate First Class, Pehowa. It was stated that “It is clear from perusal of the statements of the parties that they have amicably settled the matter after arriving at a compromise and settlement. The compromise seems to be genuine and voluntary and out of free will.”

HC found that the above said report would show that the compromise in the present case has been found to be genuine and out of free will.

Learned counsel for the petitioner has submitted that there is no other FIR against the petitioner and was not declared proclaimed person /offender in the present case.

Learned counsel for respondent again repeated that the matter has been settled and the said compromise is in the interest of all the persons and would help in bringing out peace and amity between the parties. He has, thus, prayed that FIR and subsequent proceedings may be quashed.

Learned counsel for the State stated that he has no objection in case the FIR is quashed on the basis of compromise.

After perusing the report submitted by the learned trial Court, the HC stated that “the matter has been amicably settled between the petitioner and the complainant. Since the matter has been settled and the parties have decided to live in peace, this Court feels that in order to secure the ends of justice, the criminal proceedings deserve to be quashed.”

HC relied upon the case of Kulwinder Singh and others Vs State of Punjab, where it was held that “High Court has power under Section 482 Cr.P.C. to allow the compounding of non-compoundable offence and quash the prosecution where the High Court is of the opinion that the same is required to prevent the abuse of the process of law or otherwise to secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone.”