Supreme Court to Examine Piecemeal Compromises in Criminal Cases: Legal Implications and Conflicting High Court Rulings

Payal Singh

12 months ago

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The Supreme Court of India is considering whether criminal cases can be partially quashed due to compromises between the complainant and some accused, arising from conflicting High Court rulings. The Punjab & Haryana High Court previously ruled against such piecemeal settlements, citing legal complications and potential victim disempowerment. The Supreme Court has granted interim relief to the petitioner.

New Delhi: The Supreme Court is set to deliberate on whether a criminal case can be partly quashed based on a compromise between the complainant and select accused parties. This issue arises in the case of Puneet Kumar @ Punit Kumar v. State of Haryana and Others, which highlights a contentious debate in Indian criminal jurisprudence.

A Bench comprising Justice Hrishikesh Roy and Justice SVN Bhatti on December 18 issued notice on a plea challenging a Punjab & Haryana High Court decision. The High Court had held that courts cannot accept piecemeal compromises to absolve some accused individuals in criminal cases. The Bench observed that several High Courts have taken contrary positions on this legal question.

“On the legal aspect, the counsel draws the attention of the Court to the chart at “Page-D” to point out that different High Courts had taken contrary positions on the issue as to whether on the face of compromise with one or few of the accused in the case, the case can be part quashed by the Court,”

the Bench noted.

In response, the Supreme Court granted interim relief to the petitioner, an accused implicated based on the statement of a co-accused. “In the meantime, the trial may continue but not qua the petitioner,” the Court directed, providing temporary protection to the appellant.

Earlier, the Punjab & Haryana High Court, in a batch of petitions, ruled that piecemeal settlements conflict with Section 223 of the Code of Criminal Procedure (CrPC), now substituted by Section 246 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The division bench of Justices Sureshwar Thakur and Sudeepti Sharma emphasized the complications arising from partial compounding of offences:

Victim Disempowerment: The complainant may feel disempowered if a partial settlement undermines their case.
Legal Challenges: If the victim denies signing the settlement during trial, the composition order could be invalidated.
Vendetta Allegations: Remaining accused may claim the trial is retaliatory.
Prosecution Hurdles: Compromising with the main accused could disable prosecutors from proving joint criminal liability.