IMPORTANT POINT
Quashing of FIR--Compromise--Merely because accused is stated to be carrying a pistol and had threatened to fire an inference cannot be drawn that he had intention to commit offence of murder which would amount to offence of attempt to murder under Section 307 IPC--Besides, parties having amicably resolved their dispute which is purely personal in nature amongst rice millers it would be just and expedient to quash FIR so that there is peace and goodwill amongst rice millers.
Attempt to murder--What constitute--Substance of offence is intention or knowledge that the act which is done is such that death would be caused and offender would be guilty of murder but death is not actually caused.

S.S.Saron, J.

1. Report (Annexure-P.6) of Medical Officer, Dhuri attached with the criminal miscellaneous applications is taken on record subject to just exceptions.

2. The criminal miscellaneous applications stand disposed of.

3. Medical reports (Annexures-P.7 to P.9) of Bhupinder Kumar, Vijay singla and Devinder Kumar attached with the criminal miscellaneous applications are taken on record subject to just exceptions. The criminal miscellaneous applications stand disposed of.

4. Devinder Kumar alias Binda-complainant (respondent No.2), bhupinder Kumar and Vijay Singla are present in Court and are identified by their counsel Mr. Ajay Singla, Advocate. It is stated by them that they have no objection to the quashing of the FIR (Annexure-P.1) as the matter has been compromised. It is also stated that they are making their statements of their own free will and without any kind of pressure or undue influence. Affidavits of Devinder Kumar (Annexure-P.4), Bhupinder Kumar (Annexure-P.5) and Vijay singla (Annexure-P.3), it is stated, have also been filed by them.

5. The petitioners seek quashing of FIR No.174 dated 26.10.2008 (Annexure-P.1) for the offences under Sections 307, 148, 149, 323 and 506 indian Penal Code (ipc for short) and Sections 25 and 27 of the Arms Act, 1959 and all consequential proceedings in view of the compromise dated 30.10.2008 (Annexure-P.2) entered into between the petitioners and Devinder kumar alias Binda (respondent No.2 ).

6. It is submitted by learned counsel for the petitioners that while filing charge-report (challan) by the Police the offences under Sections 25 and 27 of the Arms Act have been dropped. Besides, it is submitted that FIR even in cases which are not compoundable can be quashed. The dispute in the present case, it is submitted is purely personal in nature. The offence under Section 307 IPC as alleged, it is submitted, is not made out in the facts and circumstances of the case.

7. Learned counsel for the State has submitted that in view of the offence being non-compoundable and challan also for the offence under Section 307 IPC having been filed, the FIR is not liable to be quashed. Learned counsel appearing for respondent No.2 submits that the complainant side has no objection to the quashing of the FIR and in fact Devinder Kumar alias Binda-complainant (respondent No.2), Bhupinder kumar and Vijay Singla are present in Court and they have no objection to the quashing of the FIR. As the dispute is personal in nature, it is submitted that the quashing of the FIR would be for the benefit of all for maintaining peace and goodwill in the town.

8. I have given my thoughtful consideration to the contentions of the learned counsel for the parties and with their assistance gone through the record. The FIR (Annexure-P.1) has been registered on the statement of Devinder kumar alias Binda (respondent No.2 ). It is alleged by him that he is running a rice mill under the name and style of Mahesh Agro. His rice sheller is situated at Village Harchandpur. He is a committee member of the Dhuri Rice Mills association. Their association had taken a decision that as per Government instructions all Rice Mill owners shall purchase paddy from the Mandis (market yards) only and not purchase it directly from the farmers. Due to purchase of paddy from the farmers, the Government suffers a loss of Rs.110/- per quintal. On 25.8.2008 at about 9.00 p. m. , the complainant-Devinder Kumar alias Binda (respondent No.2) was present at his sheller and he received a phone call from bhupinder Kumar, who is also a committee member of their association. Bhupinder kumar stated that Mohan Lal Bansal, owner of rice mill was going to directly unload trollies of paddy in his rice mill. On this the complainant along with other rice mill owners including Vijay Singla, Bhupinder Kumar and Balwinder singh alias Bittu immediately went on their scooters towards the sheller of mohan Lal in order to stop the said theft. It was abo