HC: Unfair to Continue with the Criminal Proceedings despite Settlement and Compromise between the Parties

 

The single judge bench of Justice Rajesh Bhardwaj of the Punjab and Haryana High court in the case of Labh Singh V. State of Punjab and another held that when the parties have entered into a compromise, then the continuation of the proceedings would be merely an abuse of process of the Court.

BRIEF FACTS

The factual matrix of the case is that the investigation started after the respondent filed the complaint. However, with the involvement of respectable, the parties were able to settle their issue amicably, as evidenced by the compromise deed. Further, the petitioner invoked the inherent power of the court and request the hon’ble court that the continuation of the proceeding even after the compromise would be an abuse of the process of the court and therefore, the FIR in question and all the subsequent proceedings arising therefrom may be quashed in the interest of justice.

 

COURT’S OBSERVATION 

The hon’ble court relied on the judgments titled, ‘Narinder Singh and others vs State of Punjab and another,’ 2014 (6) SCC 466 ‘B.S.Joshi and others vs State of Haryana and another (2003) 4 Supreme Court Cases 675 followed by ‘Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR 1052 and reiterated that keeping in view the nature of offenses and the fact that both the parties have amicably solved the dispute, the continuation of the criminal prosecution would be a futile exercise.

Therefore, the court quashed the FIR in securing the ends of justice, which is primarily the object of the legislature enacting under section 482 Crpc. At last, the court stated that the parties shall remain bound by the terms and conditions of the compromise and their statements.

CASE NAME- Labh Singh V. State of Punjab and another ;

CITATION- CRM-M-14669-2021

DATED- 10.08.22

CORUM- Justice Rajesh Bhardwaj 

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(With input from news agency language)

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