The main legal point established in the judgment is that the court may quash FIR and consequential criminal proceedings based on the compromise between the complainant and accused, considering the nature and gravity of the offence, and the possibility of conviction.

Dharam Chand Chaudhary, J.

1. Complainant-respondent No. 2 Rahul @ Bhagi was running photography shop and dealing with the business of Readymade garments also in a shop situated at Nagrota Bagwan market. The shop was taken on rent by him from the accused-petitioners. Some altercation seems to have taken place amongst them on 9.11.2016 around 1:30 P.M. This has led in registration of FIR No. 184 of 2016 (Annexure P-1) under Sections 451, 147, 149 and 448 IPC against the accused-petitioners.

2. On completion of the investigation, the police has filed report Annexure P-2 to this petition in the Court of learned Judicial Magistrate Ist Class, Kangra. The status report filed by the respondent-State reveals that charge against the accused-petitioners stand framed and the trial presently is at the stage of recording prosecution evidence. The parties belongs to the same area. On finding that due to registration of case against the accused-petitioners their relations have become strained and the animosity between two families is likely to be increased during the time to come, they have patched-up the differences amongst them amicably. The possession of the shop which seems to be bone of contention between the parties stand delivered by respondent No. 2-complainant to the accused-petitioners. Respondent No. 2-complainant is now no more interested to prosecute the criminal case registered at his instance against the accused-petitioners any further.

3. The offence allegedly committed by the accused-petitioners under Sections 451 and 448 IPC is compoundable under Section 320(1) of the Code of Criminal Procedure. However, the offence punishable under Section 147 and 149 of the Code is not compoundable, hence this petition for quashing the FIR and also the consequential criminal proceedings on the basis of the compromise Annexure P-3 to this petition.

4. Before coming to answer the question ibid, it is desirable to take note of the law applicable in a case of this nature. A Larger Bench of the Hon’ble Apex Court in Gian Singh vs. State of Punjab and Another, (2012) 10 SCC 303 has laid down the guidelines to be followed by the High Courts while considering a question of quashing FIR on the basis of compromise. It has been held in this judgment that the High Court in exercise of inherent powers vested in it under Section 482 of the Code of Criminal Procedure may quash FIR/criminal proceedings in a case where the offence allegedly committed by the accused though is not compoundable, however, the victim and accused have settled the differences amicably. Such powers can be exercised only in appropriate cases, having arisen out of civil, mercantile, commercial, financial, partnership or such other transactions of like nature including matrimonial or the case relating to dowry etc. in which the wrong basically is done to the victim. This judgment also takes note of the fact that FIR on the basis of compromise should not be quashed in a case of serious nature like rape, dacoity and corruption etc., having serious impact in the society.

5. The Apex Court in Narinder Singh and Others vs. State of Punjab and Another, (2014) 6 SCC 466 while quashing the FIR in a case registered under Section 307 of the Indian Penal Code has held as under:

“We have gone through the FIR as well which was recorded on the basis of statement of the complainant/victim. It gives an indication that the complainant was attacked allegedly by the accused persons because of some previous dispute between the parties, though nature of dispute etc. is not stated in detail. However, a very pertinent statement appears on record viz., ‘respectable persons have been trying for a compromise up till now, which could not be finalized’. This becomes an important aspect. It appears that there have been some disputes which led to the aforesaid purported attack by the accused on the complainant. In this context when we find that the elders of the village, including Sarpanch, intervened in th