"Criminal Law Should Consider the Wishes of the Parties," Observes High Court in Groundbreaking Judgement on Quashing FIR Based on Compromise

In a remarkable judgement, the High Court has opened new avenues for dispute resolution within the criminal justice system. The court, under the bench of Hon'ble Mr. Justice Rajbir Sehrawat, emphasized, "Criminal law should consider the wishes of the parties to a dispute, especially where the criminal act does not significantly affect society," while delivering the judgement dated 21st September 2023.

The case involved an FIR filed under various sections of the IPC, including Sections 147, 149, 323, 341, 452, and 506. The petitioners filed for the quashing of the FIR under Section 482 of the CrPC based on a compromise reached between the disputing parties.

The court made several critical observations and delineated the type of criminal offenses that cannot be quashed on the grounds of a compromise. These include cases involving intentional loss of life or those having a larger societal impact.

Justice Sehrawat also advised courts to confirm the genuineness of the compromise between the parties. "Parties were directed to appear before the trial Court to confirm the genuineness of the compromise," the judgement read.

The judgement was divided in its decision. The petition was allowed for petitioners No.1 and 3, and dismissed for petitioners No.2 and 4. Consequently, the FIR and all ensuing proceedings were quashed for petitioners No.1 and 3 based on the verified compromise.

The judgement is expected to have far-reaching implications, especially in cases where the parties are willing to resolve their disputes amicably. The Hon'ble Justice's remarks on the role of criminal law in considering the wishes of the parties could set a precedent for future cases.

The court referred to the landmark case of Gian Singh Vs. State of Punjab and another, 2012(4) RCR (Criminal) 543 in making its decision. The petitioners were represented by Mr. Sumit Puri, Advocate, and the State was represented by Mr. Vinay Phogat, DAG, Haryana.

Date of Decision: 21.09.2023

Gurvinder @ Chinnu and others vs State of Haryana and others