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Court quashes FIR and conviction based on compromise, citing Section 482 Cr.PC The court allowed the petition under Section 482 Cr.PC and quashed FIR No.225 dated 24.08.2005 and the judgment of conviction dated 25.09.2013 based on a ...
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Court quashes FIR and conviction based on compromise, citing Section 482 Cr.PC
The court allowed the petition under Section 482 Cr.PC and quashed FIR No.225 dated 24.08.2005 and the judgment of conviction dated 25.09.2013 based on a compromise dated 06.02.2015. The compromise was found genuine by the Addl. Sessions Judge, and both respondent and State counsel acknowledged its authenticity. The court relied on its inherent power to secure justice and prevent abuse of the legal process, citing previous cases where post-conviction quashing and compounding at the appellate stage were allowed. The FIR, conviction, and sentence were quashed upon payment of a cost of &8377; 25,000 to the Punjab State Legal Services Authority, emphasizing the importance of upholding compromises for peace and harmony.
Issues: Quashing of FIR and judgment based on compromise validity.
Analysis: The petition under Section 482 Cr.PC sought to quash FIR No.225, dated 24.08.2005, and subsequent judgment of conviction dated 25.09.2013 involving multiple accused convicted under various sections of IPC. The basis for seeking quashing was a compromise dated 06.02.2015. The learned Addl. Sessions Judge recorded statements and confirmed the genuineness of the compromise between the parties. Both respondent counsel and State counsel acknowledged the compromise's authenticity. The complainant and other parties involved voluntarily entered into the compromise without any coercion. The court referred to previous case laws highlighting the High Court's inherent power under Section 482 Cr.PC to quash criminal proceedings to secure justice, even during the pendency of an appeal.
The court cited a case where criminal proceedings were quashed post-conviction based on a compromise, emphasizing the importance of securing justice and preventing abuse of the legal process. The judgment also referenced another case where the compounding of an offense at the appellate stage was allowed, leading to the maintenance of peace between the parties. Relying on these precedents and the genuineness of the compromise supported by the Addl. Sessions Judge's report, the court allowed the petition. Consequently, the FIR, judgment of conviction, and order of sentence were quashed, subject to a cost of &8377; 25,000 to be deposited with the Punjab State Legal Services Authority, Chandigarh. The court set aside the conviction and sentence upon payment of the cost, emphasizing the importance of upholding compromises made in good faith to maintain peace and harmony among the involved parties.
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