The non-compoundable nature of certain offenses and the societal impact are key considerations in determining the validity of a compromise for quashing criminal proceedings.

JUDGMENT :

ANOOP CHITKARA, J.

1. The petitioners who have been 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.

2. The gist of the allegations against the petitioners is that the police recorded the statement of Inderjit Singh under Section 154 Cr.P.C. in which he stated that on 04.04.2021 at about 4:00 p.m. he along with his son-Sher Singh and his partner-Banarasi Dass were sitting in the Haveli. At this time, three vehicles stopped there and 10-12 unknown persons alongwith Narinder Singh alias Lovely-the present petitioner and his son alighted from the vehicles. Narinder Singh was carrying a 12 bore double barrel gun and Nawab Singh was holding a revolver. After that they fired shot in the air. Based on this, the police registered the FIR as mentioned 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, which form part of the petition. After that, the petitioners came up before this Court to quash the FIR, and in the quashing petition, the injured has been impleaded as respondent.

4. On the prayer of the parties in the present petition, the Court had permitted the parties vide order dated 28.07.2021 to appear before the concerned Court to record their statements. As per the concerned Court's report, the victim without any threat, consented to the quashing of FIR and consequent proceedings.

ANALYSIS & REASONING:

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

“The aforesaid persons had tied mask and handkerchiefs on the faces”

6. The injured appeared before the Court of Judicial Magistrate Ist Class, Kapurthala on 03.08.2021 and made the following statement on oath:

“Stated that the FIR No.83 dated 04.04.2021 with PS Kotwali, District Kapurthala was registered under Section 452/307/336/148/149 IPC r.w.s 25 Arms Act at the instance of Inderjit Singh complainant and Sher Singh s/o complainant was present at the said time. We the complainant and Sher Singh have effected voluntarily compromised with the accused Narinder Singh and his son Nawab Singh named as accused in the said FIR, As per the compromise we (Complainant and his son) do not intent to take any action in the matter of the said FIR against the accused. The original compromise deed in the shape of affidavit has been handed over to the counsel at Chandigarh for filing the petition for quashing the FIR and shall be produced before this Court after bringing the same from Chandigarh. The compromise is voluntarily and genuine. The accused named in the FIR have already been granted anticipatory bail by the Ld. Court in the said FIR. The entire claim between the parties has already been settled to their satisfaction. We the complainant and his son Sher Singh have no objection if the aforesaid FIR is ordered to be quashed as prayed for.”

7. In FIR it has been stated that the petitioners were carrying the fire arm and have fired upon him. However the complainant took a somersault and he stated that the aforesaid persons had put mask on their faces and he could not identify them. Apart from that the reasons mentioned for compromise, are not valid reasons for entering into the compromise. Although the said affidavit might be a factor for consideration for grant of bail but it cannot be a factor in terminating the criminal proceedings altogether. The complainant made statement on oath before Judicial