Quashing Based on Settlement or Compromise - Many sources emphasize that FIRs and criminal proceedings can be quashed when there is a full and genuine settlement between the victim and the accused, especially in cases involving less heinous offences. For example, ["2023 0 Supreme(Guj) 256"] states, extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim, highlighting the Court's inclination to favor quashing in such circumstances. Similarly, ["2024 0 Supreme(P&H) 1024"] notes that it would not be just to direct the petitioners to go through protracted procedure of trial especially when the FIR does not disclose ingredients of offence under Section 304B of IPC against them, indicating that settlement can be a basis for quashing if the offence is not grave.
Nature and Gravity of Crime - Courts exercise caution when dealing with serious or heinous offences, such as those under Sections 307 IPC, 376 IPC, or involving death or sexual offences. ["2023 0 Supreme(Guj) 256"] mentions that the High Court must have due regard to the nature and gravity of the crime before quashing, and ["2024 0 Supreme(Del) 202"] emphasizes that heinous and serious offences could not be quashed even though a victim or victim’s family and the offender had settled the dispute. This indicates a judicial tendency to retain proceedings in grave cases to uphold public interest and deter impunity.
Victim's Support and Evidence - Many judgments highlight that the victim's statements, medical reports, and the absence of corroborative evidence are critical in deciding whether to quash FIRs. For instance, ["2023 0 Supreme(HP) 497"] notes that she has approached this Court seeking quashing of FIR and proceedings arising thereto pending in the Trial Court, but also emphasizes the importance of the victim's medical report and the nature of allegations. ["2024 0 Supreme(Guj) 413"] states that the victim girl has also filed her affidavit in endorsement of the facts pleaded in the writ application, suggesting that victim’s support or lack thereof influences the Court's decision.
Effect of Compromise and Settlement - While many cases recognize that settlement can lead to quashing, especially in less serious offences, some sources clarify that this is not applicable to heinous crimes. ["2024 8 Supreme 271"] states, quashing of offence or criminal proceedings on the ground of settlement between an offender and victim is not the same thing as compounding of offence, and heinous and serious offences could not be quashed even though a victim or victim’s family and the offender had settled the dispute. This distinction underscores that the gravity of the offence determines the Court's willingness to quash.
Limitations and Conditions for Quashing - Courts stress that quashing is not automatic upon settlement; they must consider the nature of the offence, the evidence, and whether the allegations disclose a cognizable offence. ["2023 0 Supreme(Guj) 49"] mentions that the High Court would not rest its decision merely because there is a mention of Section 307 IPC in the FIR or the charge is framed under this provision, indicating that serious offences are less likely to be quashed solely based on settlement.
Analysis and Conclusion:The overarching principle is that the quashing of FIRs due to settlement or victim's withdrawal is permissible primarily in cases involving minor offences or where the offence does not involve serious harm or societal interest. For heinous or grave offences, courts exercise restraint, emphasizing the importance of public interest, the gravity of the crime, and the need for deterrence. The victim's support and evidence are crucial, but they do not automatically guarantee quashing if the offence is serious. Therefore, the decision to quash FIRs where the victim is not the direct victim or where the offence is grave hinges on assessing the nature of the offence, the evidence, and societal concerns, rather than solely on the settlement ["2023 0 Supreme(Guj) 256"] ["2024 0 Supreme(P&H) 1024"] ["2024 0 Supreme(Del) 202"].
