The Court's decision was based on the principle that the inherent power of the High Court under Section 482 CrPC can be exercised to prevent abuse of the process of any court or to secure the ends of justice, particularly in cases where the offences are non-compoundable.

JUDGMENT :

Anoop Chitkara, J.

The petitioner(s), arraigned as accused in the above captioned FIR, have come up before this Court under Section 482 CrPC for quashing of the FIR and all consequential proceedings based on the compromise with the victim(s).

2. The gist of the allegations against the petitioner(s) is that the complainant (respondent No.2) made a statement before the police and based on that statement, the police registered the FIR captioned above. Needless to mention all the details and it is sufficient to say that the parties have entered into a compromise.

3. During the pendency of the petition, the accused and the injured have compromised the matter, and its copy is annexed with this petition as Annexure P-5. After that, the petitioner(s) came up before this Court to quash the FIR.

4. On the prayer of the parties in the present petition, the Court had permitted the parties to appear before the concerned Court to record their statements. As per the concerned Court's report, the victim(s), without any threat, consented to the quashing of FIR and consequent proceedings.

ANALYSIS & REASONING:

5. In the present case, the offence under sections 307 of Indian Penal Code, 1860, (IPC) is not compoundable under Section 320 of Code of Criminal Procedure, 1973 (CrPC). However, in the facts and circumstances peculiar to this case, the prosecution qua the non-compoundable offences can be closed by quashing the FIR and consequent proceedings.

6. It shall be appropriate to refer to the relevant portions of compromise deed, which is extracted as follows:

“1. That deponent's mother late Smt. Kanwaljit Kaur wife of Late Shri Gurnam Singh resident of village Chhina Retwala, P.O. Dehriwal Daroga, District Gurdaspur has got registered an FIR No. 117 dated 10.11.2010 registered under Section 307/34 IPC Police Station Quadian, District Gurdaspur against her in laws.

2. That after lodging the aforesaid FIR complainant i.e. mother of the deponent has since expired and deponent being the only legal surviving member of the family is representing her deceased mother in the aforesaid proceedings.

3. That with the intervention of respectable and family friends compromise has been arrived amongst the respective sides who are close relations as they are the family members. After lodging of the FIR, all the material differences amongst the respective sides had come to an end and therefore, due to these peculiar facts, deponent is not inclined to prosecute this case further and has got no objection to the quashing of the FIR or any subsequent proceedings against accused persons as named under the FIR.

4. That in case the accused persons as mentioned in the aforesaid FIR file any petition or quashing before the Hon'ble High Court the deponent would undertake to make the respective statement in this regard either before the police or before the Ld. Trial Court in relation to the compromise and both the parties would not agitate the aforesaid issue further and will not file any civil or criminal case against each other after sorting out this very matter as they are residing peacefully and are maintaining good cordial relations amongst themselves.

5. That the compromise has been matured with the consent of the respective sides and there is no pressure, undue influence or coercion exercised by either of the sides in arising at the aforesaid compromise.”

7. The injured appeared before the Court of learned Sub Divisional Judicial Magistrate, Batala, and on 02.11.2021 made the following statement on oath:

“Stated that the present FIR bearing no. 117 dated 20.11.2010 under Sections 307/34 of IPC, Police Station Qadian, was registered against the accused namely Baldev Singh s/o Amar Singh, r/o village Chhina Retwala, P.O. Dehriwal Daroga, District Gurdaspur