A criminal case involving a non-heinous offence can be brought to an end on the basis of a genuine settlement reached between the accused and the victim, even after the accused has been convicted, the Supreme Court has held.
The Court refused to interfere with a decision of the Punjab and Haryana High Court that had quashed criminal proceedings against the accused following a compromise between the parties.
The matter involved allegations relating to unlawful assembly, kidnapping or abduction, and the use of dangerous weapons.
The bench noted that the settlement was placed before the trial court after the conviction. The complainant stated that the compromise had been reached voluntarily, with the intervention of relatives and respected members of the community, and without any pressure or undue influence.
While considering the issue, the Supreme Court referred to its earlier rulings recognising the power of High Courts to use their inherent jurisdiction to quash criminal proceedings in appropriate cases, including matters involving offences that are otherwise not compoundable.
However, the Court underlined that such power cannot be exercised as a matter of routine.
Whether a settlement should result in the termination of criminal proceedings depends on the nature of the offence and the wider impact of the incident. The Court said several factors must be carefully examined, including the effect of the offence on society, the seriousness of the injury caused, whether the compromise is genuinely voluntary, and the conduct of the accused before and after the incident.
Applying these principles, the Court found no reason to disturb the High Court’s decision.
The incident, it observed, was essentially a dispute between individuals and did not involve an offence of such gravity that would affect society at large. The case was also not connected with an economic offence, narcotics-related activity or a large-scale financial fraud.
In these circumstances, the Court concluded that the settlement could legitimately form the basis for bringing the criminal proceedings to a close.
The State’s appeal was accordingly dismissed.
