Punjab and Haryana High Court | Proceedings in non-compoundable offences can be quashed on the basis of compromise between accused and victim

Punjab and Haryana High Court

Punjab and Haryana High Court: In the case relating to the compundable offence under Section 420 of the Penal Code, 1860 and the non-compoundable offence under Section 13 of the Punjab Prevention of Human Smuggling Act, 2012, Anoop Chitkara, J., invoking the power under Section 482 CrPC, has quashed the FIR on the ground of voluntary compromise between the parties. , During the pendency of the case, the accused and the aggrieved party compromised the matter. After making such a compromise, the petitioner approached the High Court to quash the FIR, impleading the aggrieved person as respondent. The aggrieved persons stated before the JMIC Rajpura that there will be no objection from their side if the court quashes the FIR and the consequent proceedings.

ANALYSIS:

The Court observed that,

  1. both the parties amicably settled the matter between them by making a compromise deed without any coercion, threats, bribes, etc.
  2. the aggrieved party willingly consented to the nullification of the criminal proceeding.
  3. there was no objection from the private respondent.
  4. the occurrence did not affect public peace or tranquility, moral turpitude or harm the social and moral fabric of the society.

Noting that the purpose of criminal jurisprudence is reformatory and aims at bringing peace to family, community and society, the Court was of the opinion that the exercise of the inherent powers for quashing the FIR wasj ustified to secure the ends of justice.

The Court asserted that in the facts peculiar to this case, the prosecution in the non-compoundable offences can be closed by quashing the FIR and consequent proceedings.

THence, it was observed that continuing this proceeding will not give any fruitful purpose. The bail bonds of the petitioner wereaccordingly discharged.

[Sukhwinder Kaur v. State of Punjab and Haryana, 2022 SCC OnLine P&H 1616 , decided on 04-07-2022]

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