The main legal point established is that the High Court has inherent powers under Section 482 of the Code of Criminal Procedure to quash criminal proceedings based on a genuine compromise between the parties, even for non-compoundable offences, considering the nature of the offence and the impact on public peace and tranquillity.

JUDGMENT :

Anoop Chitkara, J.

The petitioners, who have been arraigned as accused in the above captioned FIR, have come up before this Court under Section 482 CrPC to quash the FIR and all consequential proceedings based on the compromise with the victims.

2. The gist of the allegations against the petitioner(s) is that on 29.10.2017, the police recorded the statement of the complainant (respondent No.2) in the following terms:-

He stated that on 04.10.2017, when he was driving the Activa of his friend who was a pillion rider, then at around 7.30 pm a tractor (connected with a trally) without any indicator and light, crossed the road and because of which, his Activa hit with the tractor and he received serious injuries. After admitting in ICU for long time he remained unconscious, therefore after so much of time he reported the matter to the police. Based on such information, the police recorded the FIR captioned above.

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-2. After that, the petitioners have come up before this Court to quash the FIR, and in the quashing petition, the injured have been impleaded as respondent(s).

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

ANALYSIS & REASONING:

5. As per report of JMIC, Pathankot, statements of all the parties, have been recorded and the compromise effected between them is genuine, with their free will and without any pressure or coercion. It is also submitted in the report that as per statement of the complainant, he has no objection if the present FIR is quashed.

6. The following aspects would be relevant to conclude this petition: -

a) The accused and the private respondent(s) have amicably settled the matter between them in terms of the compromise deed and the statements recorded before the concerned Court;

b) A perusal of the documents reveal that the settlement has not been secured through coercion, threats, social boycotts, bribes, or other dubious means;

c) The victim has willingly consented to the nullification of criminal proceedings;

d) There is no objection from the private respondents in case present FIR and consequent proceedings are quashed;

e) In the given facts, the occurrence does not affect public peace or tranquillity, moral turpitude or harm the social and moral fabric of the society or involve matters concerning public policy;

f) The rejection of compromise may also lead to ill will. The pendency of trial affects career and happiness;

g) There is nothing on the record to prima facie consider the accused as an unscrupulous, habitual, or professional offender;

h) The purpose of criminal jurisprudence is reformatory in nature and to work to bring peace to family and society;

i) The ends of justice would justify the exercise of the inherent power by quashing the FIR and the consequent proceedings.

7. In the present case, the offence under S. 279 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.

8. In State of Punjab v. Shinder Paul, 1992(3) R.C.R.(Criminal) 506, a Division Bech of this Court (Punjab and Haryana) holds,

[1]. …On the basis of the said compromise Judicial Magistrate Ist Class, Bhatinda acquitted the accused. Aggrieved by the acquittal, the State h