The main legal point established is that the court can invoke its inherent jurisdiction under section 482 CrPC to quash criminal proceedings based on a genuine compromise, even for non-compoundable offences, if it serves the ends of justice and does not impact public peace or tranquillity.

JUDGMENT

Anoop Chitkara, J.

1. The petitioners, 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 victims

2. During the pendency of the petition, the accused and the injured have compromised the matter, and its copy is annexed with this petition.

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

4. On 21-2-2022, the victims/ complainant Sahil, respondent no. 2; and Rajinder Kumar, respondent No. 3, stated before the JMIC, Batala that there would be no objection if the court quashes this FIR and consequent proceedings. As per the concerned court's report dated 3-3-2022, the parties consented to the quashing of FIR and consequent proceedings without any threat.

ANALYSIS & REASONING:

5. 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 (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 statement of the victims, made on oath, on 21.2.2022, before Ld. JMIC Batala, which reads as follows:

'During investigation, the police official filed a cancellation report in the present case/FIR but the court refused to accept the cancellation report and send the same back to the police for further investigation. Till date neither the police filed any fresh cancellation report nor presented the challan against the accused/petitioners. Now the matter has been compromised between us and above named accused/petitioners. The compromise is genuine and without any pressure, coercion or misrepresentation. The copy of compromise deed is Ex- C1. We have no objection in case the present FIR against aforementioned accused petitioners is quashed.'

7. The injured and all the accused had appeared before the Court of JMIC and had stated that they had entered into a compromise. After concluding the investigation, the police did not want to launch prosecution and in fact filed a cancellation report. However, the Court did not accept it and subsequently the parties entered into an out of court compromise and lateron substantiated their stand before the concerned JMIC Batala; coupled with this, 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.

8. Despite State's opposition, 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, incorrigible, or professional offender;

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