Supreme Court Appoints Amicus Curiae to Examine Quashing of FIR Against One Accused on Compromise

The Supreme Court of India has appointed Senior Advocate K Parameshwar as Amicus Curiae to examine the issue of whether a criminal case can be partially quashed against one of multiple accused under Section 482 of the CrPC and Section 528 BNSS, based on a compromise between the parties.

The order was passed by a bench comprising Justice MM Sundresh and Justice NK Singh in the case Puneet Kumar @ Punit Kumar v. State of Haryana & Anr (SLA Crl. No. 17731/2024). The matter arises from a First Information Report (FIR) lodged under Sections 120B (criminal conspiracy), 380 (theft in dwelling house), and 411 (receiving stolen property) of the IPC.

The petitioner initially approached the Punjab and Haryana High Court, where a Single Judge sought a report from the jurisdictional Magistrate confirming that the compromise was voluntary. However, due to the absence of clear guidelines or precedent, the matter was referred to a Division Bench. On November 12, 2024, the Division Bench held that partial quashing of an FIR is not permissible.

During the Supreme Court hearing, Advocate Pranjal Kishore, representing the petitioner, argued that High Courts have adopted differing positions on the issue. He also noted that the petitioner was initially not named in the FIR, but was later added based on the statements of co-accused.

While issuing notice, the Supreme Court stayed the trial only with respect to the petitioner pending further consideration.