Punjab and Haryana High Court Upholds Quashing of FIR in Interest of Justice Based on Compromise between Accused and Aggrieved Person

Punjab and Haryana High court held in a recent judgement (Krishan Kumar @ Ghoni vs State Of Punjab And Another CRM-M No.51112 of 2019 D.D 06/02/2023) concluded that the exercise of its inherent power to quash the FIR and all subsequent proceedings was justified in the interest of justice. The court noted that the compromise between the accused and the aggrieved person was made amicably and voluntarily, and there was no evidence of coercion, threats, or other dubious means being used to secure the settlement.

Facts - petition filed by an accused person seeking to quash FIR No.158 Dated 06.09.2017, Police Station Sadar Hoshiarpur,  Sections 326 , 324, 328, 148, 149 and all subsequent proceedings. The accused approached the court under Section 482 CrPC for the quashing of the FIR and all subsequent proceedings based on a compromise made with the aggrieved person. During the pendency of the petition, the accused and the aggrieved person compromised the matter, and the petitioner approached the court to quash the FIR. The aggrieved person Hitesh Kumar consented to the quashing of the FIR and the subsequent proceedings.

Despite opposition from the State's counsel, the court concluded that the quashing of the FIR and the subsequent proceedings was justified. The court found that the settlement between the accused and the aggrieved person was not secured through coercion or other dubious means, the aggrieved person consented to the nullification of criminal proceedings, there was no objection to quashing the FIR, and the compromise would not harm public peace or the social and moral fabric of society.

Hon’ble High Court observed that the Supreme Court in the case of Shiji @ Pappu v. Radhika and Parbatbhai Aahir v State of Gujarat laid down the broad principles for quashing of FIR. The High Court may quash the prosecution even in cases where the offences are non-compoundable, as long as it is for the ends of justice and not an abuse of the process of law. The exercise of power under Section 482 must be done with care and caution and the High Court will have to consider the facts and circumstances of each case to determine whether it is a fit case for invoking its inherent. Petition Allowed.

Krishan Kumar @ Ghoni  vs State Of Punjab And Another