Partial Compromise With Some Accused In Criminal Case Not Allowed, Victim Can't Be Driver Of Criminal Justice System: Punjab & Haryana HC
4 months, 1 week ago

Partial Compromise With Some Accused In Criminal Case Not Allowed, Victim Can't Be Driver Of Criminal Justice System: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has said that partial compromise with some accused in a criminal case, where there are multiple accused persons, cannot be allowed. A division bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "To ensure that the victim/complainant, does not become the driver of the criminal justice system, through makings of piecemeal settlements, thereupons the Courts are required to be not accepting any piecemeal settlements, rather are required to be rejecting piecemeal settlements, nor they are required to be making piecemeal orders for the composition of offence." Observing that "there is no explicit guidelines governing the issue" a single judge had referred the question- whether partial compromise constitute ground for quashing of FIR only qua some of the accused- to the larger bench. The single judge had expressed concern that partial quashing of criminal proceedings, on the strength of partial compromise, elevate the status of victim from that of a stakeholder to that of a driver of the criminal justice system?

Court Criminal Haryana Criminal Justice System Accused Partial Compromise Partial Compromise Piecemeal Settlements  court  system  accused  settlements  driver  proceedings  criminal  compromise  piecemeal  haryana  justice  required  hc  punjab  partial  victim

History of this topic

Settlement Cannot Justify Quashing Serious Crimes Like Murder, Rape, Or Corruption; No Legal Sanction For Such Compromises: J&K High Court
1 month, 1 week ago

Settlement Cannot Justify Quashing Serious Crimes Like Murder, Rape, Or Corruption; No Legal Sanction For Such Compromises: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has held that quashing criminal proceedings on the ground of a settlement between an offender and the victim is not the same as compounding an offence. For serious offences, like murder, rape, dacoity, etc., or other offences of mental depravity under Indian Penal Code or offences of moral turpitude under special statutes, …

State Should Not Act Like Private Party In Litigation With Citizens; Must Take Balanced, Welfare Oriented Approach: Punjab & Haryana HC
1 month, 2 weeks ago

State Should Not Act Like Private Party In Litigation With Citizens; Must Take Balanced, Welfare Oriented Approach: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has said that in discharging its role as a litigant, the State must adopt a balanced and judicious approach, resisting the temptation to oppose the claims of citizens indiscriminately.Chief Justice Sheel Nagu and Justice Sumeet Goel said, “The State must exercise due diligence in distinguishing between a baseless and a legitimate claim. The Punjab …

Trial Court Passes Common Verdict Against Multiple Accused By Reviewing Order For Separate Trial In Murder Case, Punjab & Haryana HC Sets Aside Conviction
2 months, 2 weeks ago

Trial Court Passes Common Verdict Against Multiple Accused By Reviewing Order For Separate Trial In Murder Case, Punjab & Haryana HC Sets Aside Conviction

Live Law  

The Punjab & Haryana High Court set aside the conviction in a murder case against multiple accused persons wherein the Trial Court gave a common verdict after reviewing its earlier order directing to try them separately. Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "when the earlier passed order by the then learned Additional Sessions Judge, Rewari, on 02.07.2001, wherebys, …

Victim Accompanying Accused To Crowded Place Without Raising Alarm, No Injury On Body- Denotes Consensual Relationship: Punjab & Haryana HC
3 months, 3 weeks ago

Victim Accompanying Accused To Crowded Place Without Raising Alarm, No Injury On Body- Denotes Consensual Relationship: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has acquitted a man convicted for committing aggravated sexual penetrative assault under Protection of Children from Sexual Offences Act, observing that the prosecutrix sat as a pillion rider with accused in a crowded place and did not raise alarm- which denotes that the relationship was "entirely consensual".Justice Sureshwar Thakur and Justice. The Punjab and …

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court
4 months, 2 weeks ago

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court

Firstpost  

The verdict, which was reserved way back in October 2023, came in a matter that dealt with the question of whether a High Court, in exercise of its powers under Section 482 CrPC, can quash a sexual harassment case based on compromise between the accused and the survivor. Supreme Court on Thursday set aside Rajasthan High Court’s decision to quash …

Bigamy | FIR Along With Conviction Can Be Quashed On Basis Of Compromise At Stage Of Appeal/ Revision: Punjab & Haryana High Court
4 months, 2 weeks ago

Bigamy | FIR Along With Conviction Can Be Quashed On Basis Of Compromise At Stage Of Appeal/ Revision: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has set aside a conviction and sentencing order along with the FIR in a bigamy case, on account of compromise entered between the parties.Justice Sumeet Goel said, "Section 528 of BNSS, 2023 reflects peerless powers, which a High Court may draw upon as necessary whenever it is just and equitable to do so, in …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
7 months, 3 weeks ago

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

Live Law  

The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby …

Availing Civil Remedy No Basis To Quash Criminal Proceedings When Facts Prima Facie Reveal Criminal Offence: Rajasthan High Court
9 months ago

Availing Civil Remedy No Basis To Quash Criminal Proceedings When Facts Prima Facie Reveal Criminal Offence: Rajasthan High Court

Live Law  

The Rajasthan High Court has reiterated that availing a civil remedy does not by itself become grounds to quash a criminal complaint filed concerning facts which not only make out a civil wrong but a criminal offence as well. The Court said: “Merely on account of the fact that complainant had a civil remedy as also has availed that remedy, …

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda
1 year ago

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda

Live Law  

The Punjab and Haryana High Court has set aside the summoning order in a cheating case which was lodged 22 years after the alleged incident, observing that prosecution cannot be allowed to take undue benefit of the available legal remedies merely to further its own malicious agenda.A complaint was filed by a son in 2012 against a manager of his …

Punjab and Haryana HC refuses to grant protection to Muslim man, second wife
1 year, 10 months ago

Punjab and Haryana HC refuses to grant protection to Muslim man, second wife

Hindustan Times  

The Punjab and Haryana high court has refused to grant protection to a Nuh Muslim man and his second wife as the court found that the first one has not been associated with proceedings. “Person who does not do equity with others and even to the life of companion, cannot approach the court to seek approval of his relation under …

‘Their Married Life Cannot Be Disturbed For Sake Of Trial’: Punjab And Haryana High Court Quashes Rape Case As Accused Marries ‘Victim’
1 year, 11 months ago

‘Their Married Life Cannot Be Disturbed For Sake Of Trial’: Punjab And Haryana High Court Quashes Rape Case As Accused Marries ‘Victim’

Live Law  

Quashing a rape case on the basis of compromise between the accused and complainant, the Punjab and Haryana High Court said their married life cannot be disturbed for the sake of trial in the FIR. to prevent abuse of the process of any court or to secure the ends of justice.’ In the case in hand the petitioner and respondent …

Punjab And Haryana High Court Relaxes Norm On 'Mandatory Custody' For Suspension Of Sentence In NDPS Cases
2 years ago

Punjab And Haryana High Court Relaxes Norm On 'Mandatory Custody' For Suspension Of Sentence In NDPS Cases

Live Law  

A division bench comprising of Justices M.S. Ramachandra Rao and Sukhvinder Kaur of the Punjab and Haryana High Court has held that the norm of undergoing minimum mandatory period of custody of 6 years for consideration of grant of relief of suspension of sentence in cases where there is conscious possession of commercial quantity of contraband RCR 316) is liable …

Judicial Service Examination- Practice Questions on First Information Report
2 years, 3 months ago

Judicial Service Examination- Practice Questions on First Information Report

Live Law  

In which of the following Case, a Three Judge Bench of Supreme Court considered the judgment in T. T. Antony and explained that the judgment in the said case does not exclude the registration of a complaint in the nature of counter claim from the purview of the Court? Ram Lal Narang Vs. Om Prakash Narang and Another T.T.Antony Vs …

Be Slow In Quashing Criminal Proceedings On The Basis Of Settlement Between Complainant & Accused When Offences Are Capable Of Impacting Others : Supreme Court
2 years, 6 months ago

Be Slow In Quashing Criminal Proceedings On The Basis Of Settlement Between Complainant & Accused When Offences Are Capable Of Impacting Others : Supreme Court

Live Law  

The Supreme Court observed that the courts should be slow to excercise their jurisdiction to quash criminal proceedings on the basis of settlement, when the offences are capable of having an impact not merely on the complainant and the accused but also on others.Cases involving abuse of official position and adoption of corrupt practices cannot be treated like suits for. …

S.482 CrPC | High Courts Can Accept Post Conviction Settlements & Quash Criminal Proceedings Involving Non-Heinous Offences: Karnataka HC
2 years, 6 months ago

S.482 CrPC | High Courts Can Accept Post Conviction Settlements & Quash Criminal Proceedings Involving Non-Heinous Offences: Karnataka HC

Live Law  

The Karnataka High Court has quashed an order of conviction after the parties to the proceedings post the conviction order entered into a settlement and sought for compounding of the offences so made against the petitioner. A single judge bench of Justice M Nagaprasanna allowed the plea filed by one Lakshmibai who was convicted by the trial court for offences …

Punjab & Haryana High Court Refuses Bail On Ground Of Compromise, Says Complainant May Be Influenced By Co-Accused Who Are Yet To Be Arrested
2 years, 9 months ago

Punjab & Haryana High Court Refuses Bail On Ground Of Compromise, Says Complainant May Be Influenced By Co-Accused Who Are Yet To Be Arrested

Live Law  

The Punjab and Haryana High Court, while dealing with a petition seeking regular bail of the accused in FIR relating to physical abuse and abduction of complainant's brother, who later committed suicide, held that the compromise cannot be taken as a ground at this stage for grant of bail. The bench comprising Justice Avneesh Jhingan further held that the allegations …

Mere Involvement In Other Cases Can't Be Sole Basis To Confine Accused In Perpetuity, Case To Be Considered On Its Own Merits: Punjab & Haryana HC
2 years, 10 months ago

Mere Involvement In Other Cases Can't Be Sole Basis To Confine Accused In Perpetuity, Case To Be Considered On Its Own Merits: Punjab & Haryana HC

Live Law  

Punjab and Haryana High Court on April 27, 2022, while dealing with a petition for seeking concession of regular bail in FIR registered under provisions of IPC and the Arms Act, held that taking into consideration, the role of the petitioner, the alleged recovery and the stage of investigation along with the period of actual custodial detention already undergone, it …

Rejection Of Compromise May Lead To Ill-Will, Pendency Of Trial Affects Career & Happiness: Punjab & Haryana High Court
2 years, 11 months ago

Rejection Of Compromise May Lead To Ill-Will, Pendency Of Trial Affects Career & Happiness: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court recently quashed a FIR registered against the Petitioner-accused for allegedly causing hurt by dangerous weapons to the complainant-victim, which is a non-compoundable offence punishable under section 324 IPC, on the basis of a compromise between the parties.The bench of Justice Anoop Chitkara observed that rejection of compromise may lead to ill will. The Punjab …

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties
3 years, 1 month ago

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently dismissed an application filed for compounding of offences under Sections 307 and 498-A read with Section 34 of IPC, based on a compromise between the parties involved. Vs. Deepak the Hon'ble Apex Court has had an occasion to consider whether the High Court can quash the FIR/complaint/criminal proceedings, in exercise of the …

Sessions Court Frames Additional Charge Of Trafficking In Gurgaon Domestic Worker Abuse Case
3 years, 2 months ago

Sessions Court Frames Additional Charge Of Trafficking In Gurgaon Domestic Worker Abuse Case

Live Law  

In a case pertaining to abuse of a domestic worker in Haryana's Gurgaon, a Sessions Court has allowed an application filed by the victim, seeking framing of additional charge of Trafficking against the accused. In 2019, the complainant through her counsel Adv Indira Unninayar had sought the framing of additional charges of Offences of Trafficking and Voluntarily causing hurt by …

Attempt To Murder: "Offence Against Society, Can't Quash Proceedings Only On Ground Of Compromise": Delhi High Court
3 years, 6 months ago

Attempt To Murder: "Offence Against Society, Can't Quash Proceedings Only On Ground Of Compromise": Delhi High Court

Live Law  

Observing that an offence of Attempt To Murder will fall under the category of heinous offence, and therefore, has to be treated as a crime against society, the Delhi High Court on Monday refused to quash an FIR registered for an offence under 307/34 IPC. Court's observations At the outset, the Court noted that there was a conflict of opinions …

'Peculiar Circumstances': Supreme Court Quashes 'Rape Case' As Couple Reached Mediated Settlement
3 years, 7 months ago

'Peculiar Circumstances': Supreme Court Quashes 'Rape Case' As Couple Reached Mediated Settlement

Live Law  

The Supreme Court quashed a rape case after taking into account the mediated settlement arrived between the accused and the prosecutrix.In this case, the girl had filed a complaint against the accused, alleging that he had sexual relationship with her by misrepresenting to her that he is divorced.The accused later approached the Delhi High Court seeking quashing of the criminal …

Case Has Traits Of Civil Dispute: Punjab & Haryana High Court Asks Police To Stop Registering FIRs In Civil Matters [Read Order]
4 years, 4 months ago

Case Has Traits Of Civil Dispute: Punjab & Haryana High Court Asks Police To Stop Registering FIRs In Civil Matters [Read Order]

Live Law  

The Punjab and Haryana High Court on Friday asked the Police authorities to look into the process of registering FIRs in the State and ensure that matters involving civil disputes are not given the colour of a criminal case. In order to avoid harassment in the matters involving civil disputes, it is need of the hour that the police department …

"Present Matter Has Pan India Ramifications, This Court Has No Territorial Jurisdiction To Adjudicate The Same'[Read Jharkhand HC Order Dismissing Plea Against NLAT]
4 years, 6 months ago

"Present Matter Has Pan India Ramifications, This Court Has No Territorial Jurisdiction To Adjudicate The Same'[Read Jharkhand HC Order Dismissing Plea Against NLAT]

Live Law  

"The present matter has pan India ramifications and petitioners have failed to make out a strong ground so as to invoke the extraordinary writ jurisdiction of this Court which is otherwise plenary in nature, it would not be appropriate for this Court to interfere with the notice dated 03.09.2020 issued by NLSIU, Bengaluru", Jharkhand High Court said while dismissing the …

Punjab & Haryana HC Does It Once Again: Quashes Rape Case On Marriage Between Victim And Accused [Read Order]
7 years ago

Punjab & Haryana HC Does It Once Again: Quashes Rape Case On Marriage Between Victim And Accused [Read Order]

Live Law  

The Punjab and Haryana High Court has yet again quashed an FIR alleging rape on the ground that the victim and the accused have married and are residing together happily.Justice Jaishree Thakur referring to the compromise, observed: “As per the terms of the compromise, the parties have solemnized marriage with each other and they are now residing together as husband …

SC Issues Guidelines On Quashing Of FIR/Criminal Proceedings On The Ground Of Settlement Between Parties[Read Judgment]
7 years, 5 months ago

SC Issues Guidelines On Quashing Of FIR/Criminal Proceedings On The Ground Of Settlement Between Parties[Read Judgment]

Live Law  

A three-Judge Bench of the Supreme Court has summarized the principles that need to be kept in mind by the High Courts while considering a plea for quashing an FIR/ Criminal Proceedings under Section 482 of the Code of Criminal Procedure on the ground of settlement between parties.The Bench comprising Chief Justice of India Dipak Misra, Justice A.M. Khanwilkar and …

Compounding Rape: Rajasthan HC Verdict Contradicts SC Ruling [Read Judgment]
8 years, 6 months ago

Compounding Rape: Rajasthan HC Verdict Contradicts SC Ruling [Read Judgment]

Live Law  

The HC judgment, giving scope to conciliation brought about by marriage between the accused and the victim, is in direct violation of a Supreme Court verdict that leaves no scope for compromise and mediation in a rape case.The Rajasthan High Court’s latest Judgment on a rape case goes against the Supreme Court ruling which states that in a case of …

A public Servant cannot enter into compromise with accused even if the assault is against him : Punjab and Haryana HC [Read Judgment]
9 years, 2 months ago

A public Servant cannot enter into compromise with accused even if the assault is against him : Punjab and Haryana HC [Read Judgment]

Live Law  

After Public servant lodges an FIR regarding the assault raised upon him while he was performing his official duty, he loses the locus standi to enter into compromise with the accused, the Court said.Punjab and Haryana High Court in Amrik Singh vs. State of Punjab has held that no compromise can be entered between accused and officials of a State. …

Exclusive; One of the Rapist married the Victim; P&H High Court quashed Rape Case against all 5 Accused based on the Compromise between parties [Read the Judgment]
9 years, 6 months ago

Exclusive; One of the Rapist married the Victim; P&H High Court quashed Rape Case against all 5 Accused based on the Compromise between parties [Read the Judgment]

Live Law  

The Punjab and Haryana High Court yesterday quashed the FIR under Sections 376/506/120B of Indian Penal Code, against accused persons on the ground that the matter has been compromised. Compromise with accused persons have been suffered out of mine own sweet will and without any kind of pressure from any one” Based on the above Statement the High Court held …

FIR alleging rape can be quashed where accused and victim compromise and are happily married: Punjab and Haryana High Court
9 years, 11 months ago

FIR alleging rape can be quashed where accused and victim compromise and are happily married: Punjab and Haryana High Court

Live Law  

Justice Raj Mohan Singh of Punjab and Haryana High Court has held that FIR alleging rape, during subsistence of love affair between couples, can be quashed on the basis of compromise and subsequent marriage of the couple.The Court was hearing a petition for quashing of FIR alleging rape, filed in 2014 at Police Station City Sunam, District Sangrur on the …

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