VidhiSangh

Supreme Court of India · 22/02/2019

THE STATE OF MADHYA PRADESH versus DHRUV GURJAR AND ANOTHER

[2019] 4 S.C.R. 433 · 2019 INSC 254

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court reversed orders quashing two criminal cases solely on the basis of compromise. The allegations concerned serious violence, including attempted murder and robbery with hurt, rather than a predominantly private or civil dispute. The High Court had mechanically presumed that compromise made conviction impossible, without considering the injuries, other evidence, stage of investigation or the accused persons’ conduct and antecedents.

Issues

  1. Whether compromise justified quashing serious criminal proceedings under Section 482 CrPC.
  2. Whether the High Court could presume that prosecution would be futile merely because the complainant had settled.

Provisions considered

Held

Result

Both appeals allowed; High Court quashing orders set aside and the respective criminal proceedings restored to proceed in accordance with law.

Judgment PDF: Supreme Court of India, [2019] 4 S.C.R. 433.