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SUBRAMONIUM PRASAD
Mahender Singh Alias Sunny & Anr – Appellant
Versus
State & Ors – Respondent
JUDGMENT
Subramonium Prasad, J. - The present petition under Section 482 of the Code of Criminal Procedure (Cr.P.C.) has been filed for quashing FIR No.46/2018 dated 27.01.2018, registered in Police Station Neb Sarai, Delhi, for offence under Section 308/34 IPC.
2. Fir No.46/2018 has been registered on the complaint of respondent No.2. In the complaint it is stated that on 26.01.2018, when the complainant and his friend Dheeraj/respondent No.3 herein were returning from their coaching on his Splendor Bike, at about 8:00-8:15 PM, they were stopped by the accused near Sona Public School. It is stated that Sunny/petitioner No.2 kicked the bike and the complainant and his friend fell down from the bike and the petitioners started beating Dheeraj/respondent No.3. It is stated that when the complainant/respondent No.2 tried to stop the accused, the accused started abusing the complainant and started fighting with him. It is stated that the accused Sunny/petitioner No.1 picked up a danda and hit the complainant on his head and the complainant fell on the ground. When people gathered there the accused threatened the complainant of dire consequences and left. It is stated that the brother of
Criminal Law – Quash of Criminal proceedings - Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 o....
Criminal Law – Offence of Attempt to Murder – Sought for quash of FIR – Amicable Settlement between parties - Criminal proceedings for offence under Section 307 IPC and/or the Arms Act, etc. which ha....
Quashing FIRs under Section 482 Cr.P.C. for non-compoundable offences like Section 307 IPC is discretionary and requires a balance between justice for the individual and societal interests.
Offences under Section 307 IPC are serious and heinous, lacking the possibility of being quashed based on private compromise. Hence, societal interest in prosecuting such crimes prevails.
The court ruled that serious offences under IPC, such as Section 307, cannot be quashed based on compromise, emphasizing the distinction between quashing and compounding offences.
FIR under Section 307 IPC not quashable on compromise if charge-sheet evidences grievous life-endangering injuries from deadly weapons, establishing prima facie heinous offence against society.
(1) Compounding of offence – Quashing of offence or criminal proceedings on the ground of settlement between an offender and victim is not the same thing as compounding of offence.(2) Mere mention of....
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