The main legal point established in the judgment is the court's invocation of its inherent power under section 482 CrPC to quash the FIR and all subsequent proceedings based on the compromise, considering the nature of the offences, societal impact, and the willingness of the victim to nullify the criminal proceedings.

JUDGMENT :

Anoop Chitkara, J.

AND

The petitioners who have been arraigned as accused in the cross cases against each other in the above captioned FIRs, have come up before this Court under Section 482 CrPC for quashing of their respective FIR and all consequential proceedings based on the compromise qua each other.

2. The gist of the allegations is that due to some misunderstanding, scuffle took place in between both the parties and they received injuries. That is why both the parties made the complaint to the police.

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-3 in both the petitions. After that, the petitioners came up before this Court to quash the FIR qua each other and in the quashing petition, the injured have been impleaded as respondents.

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) in both the cases, 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:

“3. That both the parties are neighbor and because of some misunderstanding a scuffle took place in between both the parties and in the scuffle both the parties received injuries and both the parties made the complaint to the police.

4. That both the parties are neighbor and due to the intervention of the respectable of the society and with the purpose to live peacefully in future without any hatred amongst them and their family members, both the parties have amicably sorted out their differences and the mis-understanding between them has also been removed and both the parties promised with each other and to the respectable of the societies for peaceful living with love and affection without any grievances against each other. Now both the parties do not want to pursue the above FIR No. 816 dt.13.12.2017 u/s: 323/307/506/34 IPC & 27 of Arms Act PS: City, Sonepat lodged by Kamlesh w/o Harpal of first party and FIR No. 382 dt.11.05.2018 u/s: 148/149/323/324/506 IPC PS City, Sonepat lodged by Danwanti @ Damyanti @ Dayawanti w/o Satpal of second party. Both the FIRs are originated from the same incident.

5. That now both the parties will have no objection if the aforesaid both the FIRs be quashed by way of filling a quashing petition before this Hon'ble High Court, at Chandigarh. Both the parties further undertake that they will not file any other criminal or civil case against each other with regard to the incident mentioned in the above stated FIRs.

8. That the present compromise between both the parties I have amicably without any force, pressure, coercion, undue influence from any corner”.

7. The injured in CRM-M-40194 of 2019 appeared before the Court of learned Additional Sessions Judge, Sonepat on 24.10.2019 as well as the injured in the CRM-M-40948-2019 appeared before the learned Chief Judicial Magistrate, Sonepat on 24.10.2019 and made the statement on oath that they have amicably settled their dispute due to the interven