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Proceedings to be quashed if there is a genuine compromise between parties given the offender is likely not to be convicted: High Court of Uttarakhand.

Hon’ble Justice N.S. Dhanik in a case regarding section 482 of the Cr.P.C adjudged that “where there is a genuine compromise and there is hardly any likelihood of the offender being convicted and continuance of the proceedings, after the compromise having been arrived at between the parties, would be a futile exercise, the compromise should be accepted and the proceedings should be quashed” in Sukhdev Singh and another Vs. State of Uttarakhand and another [Criminal Misc. Application (C-482) No. 831 of 2021] on 21st June, 2021.

The applicant filed this application before the court to seek the summons order dated 20.08.2020 quashed. It was submitted that the parties have resolved the dispute amidst them and the injured are willing to let go of the prosecution. The state counsel however opposed such an application since the offence comes under section 307 of the Indian Penal code whose injuries are grievous is non-compoundable.

In determining whether such an application can be allowed, the apex court relied on State of Madhya Pradesh v. Laxmi Narayan,[(2019) 5 SCC 688] wherein it was held that, “, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delicate parts of the body, nature of weapons used, etc. Medical report in respect of injuries suffered by the victim can generally be the guiding factor. On the basis of this prima facie analysis, the High Court can examine as to whether there is a strong possibility of conviction or the chances of conviction are remote and bleak. In the former case it can refuse to accept the settlement and quash the criminal proceedings whereas in the latter case it would be permissible for the High Court to accept the plea compounding the offence based on complete settlement between the parties. At this stage, the Court can also be swayed by the fact that the settlement between the parties is going to result in harmony between them which may improve their future relationship”.

Analyzing that the nature of the injuries was trivial, the court accepted the application and quashed the summons order.

Click here to read the judgement.

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