Continuance of criminal prosecution would be exercise in futility, as chances of ultimate conviction are bleak: HC while quashing FIR on basis of compromise

Read Order: OM PARKASH v. STATE OF PUNJAB AND ANR 

Tulip Kanth

Chandigarh,  December 22, 2021: While quashing an FIR registered under section 324 of the IPC and all subsequent proceedings arising therefrom, the Punjab and Haryana High Court has opined that a compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society.

The Bench of Justice Jaishree Thakur observed that in a decision, based on compromise, none of the parties is a loser.

In this matter, a petition had been filed under section 482 of the Code of Criminal Procedure seeking quashing of an FIR, registered under section 324 of IPC at Police Station Model Town, District Hoshiarpur and all subsequent proceedings arising therefrom on the basis of compromise dated December 12,2020.

This FIR had been registered on the statement of complainant/second respondent -Seema Thakur. But, later with the intervention of respectable persons, the matter had been amicably compromised between the parties and they had resolved their disputes and differences.

The Bench mentioned that in pursuance of the direction, a report had been received from the Chief Judicial Magistrate, Hoshiarpur stating that the compromise was genuine and had been effected between the parties voluntarily and without any pressure or coercion.

The counsel for the State admitted the factum of compromise and submitted that in case the parties had indeed settled their dispute, the State would have no objection to the quashing of the FIR, in view of the law laid down by the Supreme Court.

After considering the nature of offences allegedly committed and the fact that both the parties had amicably settled their dispute,Justice Thakur held that continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.

Thus, keeping in view of the fact that the dispute had been amicably settled and in view of the law laid down by the Supreme Court in the case of Narinder Singh and others vs. State of Punjab and another, the High Court, allowed the petition.