The court established the power of the High Court to quash criminal proceedings based on settlement between the parties in cases of overwhelmingly and predominantly private character, and emphasized the need for the essential ingredients of the offence to be satisfied.

JUDGMENT :

ARUN KUMAR TYAGI, J.

1. Petitioners-Gurmail Singh and Kusalia Devi have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 8 dated 28.01.2018 registered under Section 306 read with Section 34 of the Indian Penal Code, 1860 (for short “the IPC”) at Police Station Mahilpur, District Hoshiarpur along with all consequential proceedings arising therefrom in view of the compromise effected with respondent No. 2-Vijay Kumar.

2. The above said FIR was registered on statement of respondent No. 2-Vijay Kumar. In his statement-Vijay Kumar alleged that on 24.01.2018 his father Ajit Ram left the house on his scooter and told him that he was going to Mahilpur. After sometime his father came back and went to the upper room and vomited on which he and his mother asked him as to what had happened on which his father took out a bottle from his pocket containing Salfas tablets and told him that he was harrassed by his (Vijay Kumar's) wife-Sandeep Kaur. his father-in-law Gurmail Singh and his mother-in-law Kausalia Devi due to which had consumed three salfas tablets. His uncle Harminder Singh and Tarlochan Ram also reached the spot. They arranged the vehicle and took his father to Hospital. On the way, his father also took out suicide note from the pocket of his shirt and handed over the same to him. His father died on 27.01.2018. In the suicide note, his father implicated his (Vijay Kumar's) wife-Sandeep Kaur, father-in-law Gurmail Singh and mother-in-law-Kusalia Devi. His wife-Sandeep Kaur, father-in-law Gurmail Singh and mother-in-law-Kusalia Devi had filed false case under the Prohibition of Dowry Act, 1961 against him, his father and other members of the family. His father committed suicide due to above said case filed by his wife-Sandeep Kaur and harassment by his wife-Sandeep Kaur, father-in-law-Gurmail Singh and mother-in-law-Kusalia Devi.

3. The petitioners have filed the present petition for quashing of the FIR on the ground that offence under Section 306 of the IPC is not made out and FIR is abuse of process of law and liable to be quashed and also on the ground that after intervention of respectable persons, the matter has been amicably compromised between the parties whereby they resolved their differences and decided that criminal complaint filed by Sandeep Kaur will be withdrawn and respondent No. 2 will support for quashing of the FIR and all consequential proceedings.

4. Vide order dated 21.11.2019, Co-ordinate Bench of this Court directed the private parties to appear before the trial Court/Illaqa Magistrate on 27.11.2019 for recording of their statements with regard to compromise/settlement and directed the Trial Court/Illaqa Magistrate to submit a report before 25.02.2020 regarding the genuineness and voluntary nature of the compromise.

5. In compliance of the above said order, learned Sessions Judge, Hoshiarpur has recorded the statements of both the parties and submitted report dated 06.12.2019. The relevant part of the same reads as under:-

“........It is submitted that trial is pending in FIR No. 8 dated 28.1.2018, under Sections 306, 34 IPC, Police Station Mahilpur, against Gurmail Singh and Kaushalya Devi under Section 306 IPC and it is fixed for prosecution evidence. So far as accused Sandeep Kaur is concerned, she is kept in Column No. 2 of the Challan Report. The report of Illaqa Magistrate has been received vide letter No. 601 dated 6.12.2019 according to which, arrest warrants of Sandeep Kaur were issued but the proceedings against accused Sandeep Kaur had been stayed by the Hon’ble High Court vide order dated 16.7.2019 passed in Criminal Misc. M. No. 18240 of 2019. Till date Sandeep Kaur has not been declared proclaimed offender.

Statement of investigating officer ASI Ram Lal, No. 619/Hpr of Police Station Mahilpur, was recorded, who has stated that Gurmail Singh, Kaushalya Devi and Sandeep Kaur are not involved in any other case. He has further stated th