Criminal

Same Judges allowed quashing of FIR in one case and declined in another case while circumstances were the same

 

Tagwhether the court should accept compromise between the parties and quash the FIR and criminal proceedings where offence   under section 307 of IPC is involved.

Offences not covered within the four corners of Section 320 of the Code, High Court is given power under Section 482 of the Code to accept the compromise between the parties and quash the proceedings.The guiding factor is as to whether the ends of justice would justify such exercise of power, both the ultimate consequences may be acquittal or dismissal of the indictment.

Yes in the following Case:

Ref : Narinder Singh & Ors.Vs. State of Punjab & Anr[March 27, 2014]

  • FIR No.121 dated 14.7.2010 was registered under Section 307/324/323/34 IPC
  • The investigation was completed, whereafter challan was presented in the court against the petitioner herein. Charges have also been framed; the case is at the stage of recording of evidence.
  • At this juncture, parties entered into compromise on the basis of which petition under Section 482 of the Code was filed for quashing the FIR.
  • Guiding principle issued

No in the Following Case :           

3State of Rajasthan Versus Shambhu Kewat and Another[November 28, 2013.]

  • Sections 307, 323, 325, 427 read with Section 34 IPC.
  • Same judges  of Narinder Singh declined to quash the proceeding and FIR

Probably gravity of injury and Social impact was considered in the above two cases as guiding factors.


BULLET 2Despite settlement quashing of FIR when to be declined

Guiding principle issued