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 ... legal precedent" governing the issue of partial
quashing of criminal proceedings, on the basis of partial
compromise, coupled with the fact that conflicting views
that an FIR cannot be quashed on the basis
of a partial compromise. The relevant extracts/paras are reproduced
hereunder:-
15. An incisive reading ... suggest that the
said principles became erected, even when a partial compromise
became arrived at amongst the concerned, and/or when no
composite compromise became
case of partial quashing.
Learned counsel for the petitioners does not dispute that it is
a case of partial compromise and is contrary ... that an FIR cannot be quashed on the basis
of a partial compromise. The relevant extracts/paras are reproduced
hereunder:-
15. An incisive reading
that an FIR
cannot be quashed on the basis of a partial compromise. The relevant
extracts/paras are reproduced hereunder:-
"15. An incisive reading ... suggest that
the said principles became erected, even when a partial
compromise became arrived at amongst the concerned, and/or
when no composite compromise became
Magistrate was directed to send its report qua the
genuineness of the compromise.
3. Pursuant to the aforesaid order, parties have appeared before the
learned ... State counsel, however, has submitted that it is a
case of partial compromise as the co-accused Vishal @ Shallu (declared
proclaimed person vide order dated
Judicial Magistrate First Class, Jagraon has
concluded in the report that the compromise effected between the parties is
genuine and with their free will ... Learned counsel for the petitioners has stated that there is a
partial compromise between the complainant-victim and the petitioners
which fact has also been
Magistrate concerned, for getting their respective statements
recorded qua authenticity of the compromise dated (Annexure P-3 and P-4
respectively). Moreover, the trial Court ... proceedings qua him have been abated, therefore, it is not a
partial compromise.
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Magistrate concerned, for getting their respective statements
recorded qua authenticity of the compromise dated (Annexure P-3 and P-4
respectively). Moreover, the trial Court ... proceedings qua him have been abated, therefore, it is not a
partial compromise.
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quashed. Further the statements of the parties were also recorded qua
compromise, before the learned Civil Judge (Jr.Divn.), Moga, whereupon,
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were also recorded, however, the same being a partial compromise with
the present petitioner only, could not disposed of, as such like matter
response from the learned counsel for
respondents No.2/complainant qua the compromise dated 11.09.2024
(Annexure P-5), a Co-ordinate Bench of this Court ... accused
during the investigation, therefore, it is not a partial compromise. The
above aspect has been verified by the learned State counsel on
instructions imparted
