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NARINDER SINGH & ORS. vs. STATE OF PUNJAB & ANR.

SCR Citation: [2014] 4 S.C.R. 1012
Year/Volume: 2014/ Volume 4
Date of Judgment: 27 March 2014
Petitioner: NARINDER SINGH & ORS.
Disposal Nature: Appeal Allowed
Neutral Citation: 2014 INSC 217
Judgment Delivered by: Hon'ble Mr. Justice Arjan Kumar Sikri
Respondent: STATE OF PUNJAB & ANR.
Case Type: CRIMINAL APPEAL /686/2014
Order/Judgment: Judgment
1. Headnote

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.

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Code of Criminal Procedure
  • 1973 - s.482 - Criminal proceedings -Settlement between the parties
5. Equivalent citation
    Citation(s) 2014 AIR 1839 = 2014 (6) SCC 466 = 2014 (6) Suppl. SCC 466 = 2014 (4) JT 573 = 2014 (4) Suppl. JT 573 = 2014 (4) SCALE 195