The voluntary nature of the compromise, absence of coercion, and potential impact on the accused's future justified the quashing of the FIR and consequent proceedings.

JUDGMENT

Anoop Chitkara, J.

1. The petitioner(s), 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(s).

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 petitioner(s)came up before this Court to quash the FIR, and in the quashing petition, the injured have been impleaded as respondent(s).

4. On 10-3-2022, the victims/ aggrieved persons, Mohit (R-2), and Saurabh (R-3) stated before the CJM Sonipat that there would be no objection if the Court quashes this FIR and consequent proceedings. As per the concerned Court's report dated 12-3-2022, the parties consented to the quashing of FIR and consequent proceedings without any threat. A reference to the reply filed by the State reveals that R-2 & R-3 were the only injured persons in the assault.

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 sections 307, 148 & 149 of Indian Penal Code, 1860 (IPC) are 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.

7. It shall be appropriate to refer to the relevant portions of compromise deed, Annexure P- 3, which reads as follows:

'The deed of compromise executed between First Party and second party keeping in view the future of the second Party as both the parties are student of Deenbandhu Chhotu Ram University of Science and Technology, Murthal ,Sonepat. In context of FIR bearing No-393 dated 15.12.2019 U/s 148,149,323.341 and 506 of IPC later on added section 307 of IPC Police Station Murthal District Sonepat, A meeting of First Party second party and parents of both the parties was held on 06.01.2020 in the University campus in presence of respectable persons of the society. The subject matter was thoroughly discussed. Earlier in the previous meeting held on 31.12.2019 at the University Guest House, Counseling by the officers of the University/ Administration 2D Mwas also conducted upon both the parties and their parents /family members. Keeping in view future and best interest of the students and in order to maintain peace and harmony between the parties, the matter has been compromised with intervention of the respectable. Now there is no ill-will, malice or animosity between the parties. It has been settled in the compromise that both the parties shall maintain peace and harmony.'

8. The injured and all the accused had appeared before the Court of CJM and had stated that they had entered into a compromise, which is beneficial for their upcoming lives and careers. The parties are students and in formative years of their lives. Continuation of the criminal proceedings might deprive a few of the accused from choosing the good careers of their dreams. 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(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