Code of Criminal Procedure, 1973 - s.482 - Criminal
proceedings -Settlement between the parties - Effect - Guidelines laid down to be kept in mind by the High Courts
to take a view as to under what circumstances it should accept
settlement between the parties and quash the proceedings
and under what circumstances it should refrain from doing so
- General discussion made in this behalf - Matter also examined in the context of offences u/s. 307 IPC - Penal Code,
1860 - s. 307.
Code of Criminal Procedure, 1973 - s.482 - FIR
registered u/ss. 307/324/323/34, IPC - Petition filed u/s. 482 CrPC for quashing of the FIR on basis of compromise entered
into between accused-petitioners and respondent No. 2 -
complainant - High Court however, refused to accept the
compromise and to quash the FIR and criminal proceedings
pending against the petitioners - Held: The sole reason which
weighed with the High Court in refusing to accept the compromise I settlement was the nature of injuries suffered
by the complainant - However, other attendant and
inseparable circumstances also require consideration - The
FIR indicates that the complainant was attacked by the
accused persons because of some previous dispute between the parties - But since elders of the village, including
Sarpanch, intervened in the matter and the parties have not
only buried their hatchet but have decided to live peacefully
in future, this becomes an important consideration - Further,
the evidence is yet to be led in the Court - In view of compromise between parties, there is minimal chance of the
witnesses coming forward in support of the prosecution case
- Even though nature of injuries can still be established by
producing the doctor as witness who conducted medical
examination, it may become difficult to prove as to who
caused these injuries - The chances of conviction, therefore,
appear to be remote - It would, therefore, be unnecessary to
drag these proceedings - Taking all these factors into
consideration cumulatively, compromise between the parties
accepted and the criminal proceedings against the petitioners
quashed - Penal Code, 1860 - ss.307/324/323/34.