The legal contention to be decided authoritatively in this case in front of Apex Court is that “it should not be understood to have meant that Judges can quash any kind of criminal case merely because there has been a compromise between the parties. After all, a crime is an offence against society, and not merely against a private individual”.
This was referred from a 2-judge bench of Apex Court to decide the issue authoritatively and dissolve the ambiguity, if any.
Gian Singh Vs State Of Punjab & Anr on 24 September, 2012Some or all of the following tests may be relevant to decide whether to quash or not to quash the criminal proceedings in a given case;
(a) the nature and gravity of case;
(b) does the dispute reflect overwhelming and predominantly civil flavour;
(c) would the quashing involve settlement of entire or almost the entire dispute;
(d) the compromise/settlement between parties and/or other facts and the circumstances render possibility of conviction remote and bleak;
(e) not to quash would cause extreme injustice and would not serve ends of justice and
(f) not to quash would result in abuse of process of court.
The key judgment cited in this judgment is here.
Citations: [2012 SCALE 9 257], [2012 SLT 7 171], [2012 CRLJ SC 4934], [2012 RCR CRIMINAL SC 4 543], [2012 SCC 10 303], [2012 AIR SC 5333], [2012 BOMCR CRI SC 4 428], [2013 SCC CRI 1 160], [2012 CRIMES SC 4 155], [2012 AIOL 413], [2012 SCC CIV 4 1188], [2012 SCC L&S 2 988], [2012 SCC ONLINE SC 769], [2012 KLJ 4 141], [2012 KERLT 4 108], [2012 GUJ LH 3 394], [2012 AIR SC SUPP 838], [2013 RLW SC 4 3573], [2013 BLJ 2 289], [2012 SCR 8 753], [2012 KARLJ 5 476], [2012 WLN 4 71], [2012 CGLRW 3 98], [2012 JT SC 9 426], [2012 AIR SCW 5333]
Other Sources:
https://indiankanoon.org/doc/69949024/
https://www.casemine.com/judgement/in/5609af16e4b014971141590c
https://indianlawportal.co.in/gian-singh-v-state-of-punjab/
