Can quash conviction if compromise ensures justice: HC
The Punjab and Haryana High Court has made it clear that it possesses the inherent power to quash a conviction if the parties involved have reached an amicable settlement, provided such compromise does not undermine public interest or substantial justice.
“A high court, in the exercise of its inherent power, has the discretion to quash a conviction where the parties have reached an amicable settlement, provided such compromise does not impinge upon the public interest or undermine justice, as well as the substantial justice,” Justice Sumeet Goel asserted.
The court was hearing a petition filed against the State of Punjab and other respondents for quashing a cheating and forgery case registered at the Moga Sadar police station on June 14, 2016, under Sections 420, 465, 467, 468, 471 and 120-B of the IPC.
Directions were also sought for quashing the judgment of conviction and order of sentence dated January 2, 2024, passed by the Moga Additional Chief Judicial Magistrate. The directions were sought on the basis of a compromise.
Referring to the essential role of high court’s inherent powers in ensuring justice, Justice Goel asserted: “A high court, which exists for the furtherance of justice in an indefatigable manner should have unfettered powers to deal with situations which, though not expressly provided for by the law, need to be dealt with, to prevent injustice or the abuse of the process of law and courts.”
A high court’s inherent powers are not explicitly stated in the Constitution or statutes, but are necessary to ensure justice is served. These powers are considered supplementary to the ones that are explicitly granted.
Delving into the juridical foundation of these powers, Justice Goel observed: “The juridical basis of these plenary powers is the authority; in fact the seminal duty and responsibility of a high court; to uphold, to protect and to fulfil the judicial function of administering justice, in accordance with law, in a regular, orderly, and effective manner.”
