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Showing contexts for: partial quash in Rakesh Das vs State Of Haryana And Another on 12 November, 2024Matching Fragments
1. Since a common question of law is involved in all the petitions (supra), therefore, the said question of law is amenable to be answered through a common verdict being made thereons.
2. The present reference becomes generated from the order pronounced by a learned co-ordinate Bench of this Court on 29.2.2024 upon CRM-M-48043-2023 and another connected case (supra), whereins, the learned co-ordinate Bench of this Court has passed the following order:-
"25. Moreover, this Court has also examined the judgments cited by the learned amicus curiae, details whereof are tabularized hereinafter. In some of these judgments, the Co- ordinate Benches of this Court have allowed partial quashing of FIR, on the basis of partial compromise, whereas, in some of these judgments, the said relief has been declined.
"Judgments wherein partial quashing has been allowed.
S.No. Case Title Citation Date
1. Harvinder Singh and Ors. V. 2022 SCC 03.11.2022
State of Haryana and Anr. OnLine P&H
2. Sarabjeet Singh V. State of 2007 (3) RCR 01.05.2007 Punjab (Criminal) 479 7 of 27 Neutral Citation No:=2024:PHHC:147654-DB other connected cases
1. Manohar Singh Manohari V. CRM-M-36765- 27.11.2012 State of Punjab 2011
2. Manjinder Kaur V. State of CRM-M-32486- 25.07.2017 Punjab 2015
3. Navdeep Kumar and Anr. V. CRM-M-42254- 12.11.2014 State of Haryana and Anr. 2013
26. In summa, when there are no explicit guidelines/"ratio decidendi"/"legal precedent" governing the issue of partial quashing of criminal proceedings, on the basis of partial compromise, coupled with the fact that conflicting views are adopted by Co-ordinate Benches of this Court, in the hereinabove cited judgments, this Court deems it fit and appropriate to refer the following issues for adjudication to a Larger Bench of this Court:-
"(i) Whether, bearing in mind the repercussions attached to partial quashing of FIR, on the trial of other co-accused, can a partial compromise yet ably constitute the ground for quashing of FIR, only qua some of the accused ?
8 of 27 Neutral Citation No:=2024:PHHC:147654-DB other connected cases
(ii) Would 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?"