Compromise Quashing- A criminal case can be quash by compromise
- When FIR lodged by a person (victim)?
A person registered a FIR against someone (alleging accused), when he feels cheated or aggrieved by someone. Without any reason person can’t lodge the FIR against anyone. When a person suffering from the feeling of cheat and aggrieveness, at that moment person has only one think, taught a lesson to the said person who do wrong act with him and lodging a FIR against accused person is prime weapon of the victim.
Now question is arise, once a person registered the FIR against another person (alleging accused), can make a compromise regarding the dispute between them and quash the case? YES
- Against between most of the FIR registered
Most of the FIR registered between the known parties like in matrimonial dispute FIR against family member of the in-laws of the girl, between the two group of the same village when they fought for a simple reason only for their ego, friends of the same college, neghibhours of the same locality, between the dispute of the same family member like two brother, brother and sister etc….and after that most of the FIR registered against unknown person like thief, in accidental cases, cheating cases, rape, murder, Ducati, kidnapping case, assault cases.
- When FIR registered between known people
Purpose of registering the FIR against someone is mainly, whoever commit the crime arrest him/her and start a court trial against him/her and if he/she will hold guilty by the court, punish them. Sentence of the length is depending upon the nature of the crime and background of the accused.
When nature of the dispute between the personal, in that case it’s not required to reach the stage of punishment, prior to that stage parties of the case can make the compromise and settled their issue amicably with the consent of the each other without any pressure. Because in like dispute person take a wrong step in anger without any intention to hurt another person on that level which he/she did. When the dispute is personal nature compromise is the best decision.
- What is Compromise?
Compromise is to make a deal between different parties where each party gives up part of their demand. Compromise is a concept of finding agreement through communication, through a mutual acceptance of terms—often involving variations from an original goal or desire.
Compromise is the best way to solve the dispute between the parties. It is not necessary that every compromise is only based upon the monetary term, compromise can be humanity based.
- Court never stop you and ask you
Sometime person (complainant) not ready for the compromise with the accused only that reason, because they have impression that court (judge) will punish him for making the compromise or court will punish for making wrong statement about the crime etc…..because sometime policeman give some false fear to the complaint and sometime some advocate also give the false fear of punishment, fine to the complaint when they are going to compromise. We don’t know why?
Court never ask the parties to why the compromise because courts are also in fever in the compromise. Court only checks the validity of the compromise like Consent of the parties, effect of the compromise, without any pressure.
- Effect of the compromise
If the offence is compoundable – complainant move the application before the trail court along with the compromise deed with prayer that not want to pursue the present case and permit to withdraw the case. In this situation, court allows the complaint to withdraw the case against the accused and finish the trail immediately.
If the offence is non-compoundable – when offence is non-compoundable then accused have to file a petition in the Hon’ble High Court of Punjab and Haryana for quashing the FIR on the basis of compromise and after the checking of validity of compromise High Court quashes the case against the accused.