The main legal point established in the judgment is that the court has the inherent power to quash criminal proceedings based on a compromise between the parties, especially in cases where the offences are non-compoundable, and continuing the proceedings would not advance the reformative purposes of jurisprudence.

JUDGMENT

Anoop Chitkara, J.

1. The petitioner, arraigned as accused in the above captioned FIR, has come up before this Court under Section 482 Cr.P.C for quashing of the FIR and all consequential proceedings based on the compromise with the aggrieved person. A cross FIR based on the opposite versions was also registered on the statement of the petitioner's party against the complainant party.

2. During the pendency of the petition, the accused and the aggrieved person have compromised the matter, and its copy is annexed with this petition as Annexure P-3.

3. After that, the parties came to this court by filing separate petition came up before this Court to quash the FIR, and in the quashing petition, impleading the aggrieved person as respondent. A separate petition was also filed for quashing of the FIR registered on the basis of the cross-version. Both petitions are registered as CRM-M-9866-2022; CRM-M-10613- 2022.

4. On 15-03-2022, the aggrieved persons Ravinder Singh @ Bittu @ Billu (R-2) and Sarabjit Singh @ Happy (R-3) stated before the CJM Hoshiarpur that there would be no objection if the court quashes this FIR and consequent proceedings. As per the concerned court's report dated 22-03-2022, the parties consented to the quashing of FIR and consequent proceedings without any threat.

ANALYSIS & REASONING:

5. The State's counsel has severely opposed this compromise and seeks dismissal of the petition because of the heinous nature of the offence.

6. In the present case, the offences under section 307 of Indian Penal Code, 1860 (IPC) is not compoundable under Section 320 of Code of Criminal Procedure, 1973 (Cr.P.C). 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.

7. It is impossible to know which party is telling the truth and which one is telling lies in the current legally admissible investigation techniques. If the allegations made in the FIR were single side versions, then it was not a case to be quashed on compromise. However, there is an opposite version, which is also equally grave. When both parties fought to the extremes of cruelty, and despite compromising the matter on their own and with the intervention of the locals, they were not likely to change their stand in the trial. The parties belong to the same area, and it is better than the good sense that has now prevailed upon them continues to spread its light on them.

8. The injured and all the accused had appeared before the Court of CJM and had stated that they had entered into a compromise. The parties belong to the same village and must be living there for generations and might continue to live, but who knows for how long. In the closely-knit village community, when the parties have buried their hatchets, the continuation of criminal proceedings will not advance the reformative purposes of jurisprudence just for the sake of deterrence.

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

a) The accused and the private respondent 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 h