The main legal point established in the judgment is the importance of securing the ends of justice and preventing the abuse of the process of law in exercising the inherent power for quashing the FIR and all consequential proceedings.

JUDGMENT

Anoop Chitkara, J. -

1. The petitioner, arraigned as an accused in the above captioned FIR, has 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. The gist of the allegations against the petitioner is of causing an accident due to rash and negligent driving in a public way. The private respondent(s) suffered injuries leading to the registration of FIR captioned 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. After that, the petitioner has come up before this Court to quash the FIR, and in the quashing petition, the injured have been impleaded as respondent(s).

4. On 24-1-2022, the victim/ complainant Sandeep Kumar-respondent no. 2 stated before the CJM Ferozpur that there would be no objection if the court quashes this FIR and consequent proceedings. As per the concerned court's report dated 28-1-2022, the parties consented to the quashing of FIR and consequent proceedings without any threat.

ANALYSIS & REASONING:

5. Despite the opposition of the State's counsel to this compromise, 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 society;

i) The exercise of the inherent power for quashing the FIR and all consequentialproceedings is justified to secure the ends of justice.

6. In the present case, the offence under S. 279, 337, & 338 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. In State of Punjab v. Shinder Paul, 1992(3) R.C.R.(Criminal) 506, a Division Bench of this Court (Punjab and Haryana) accepted the compromise and quashed the proceedings based on an FIR registered under section 279 IPC.

8. In Shiji @ Pappu v. Radhika, (2011) 10 SCC 705, Hon'ble Supreme Court holds,

[13]. It is manifest that simply because an offence is not compoundable under Section 320 Indian Penal Code is by itself no reason for the High Court to refuse exercise of its power under Section 482 Criminal Procedure Code That power can in our opinion be exercised in cases where there is no chance of recording a conviction against the accused and the entire exercise of a trial is destined to be an exercise in futility. There is a subtle distinction between compounding of offences by the parties before the trial Court or in appeal on one hand and the exercise of power by the High Court to quash the prosecution under Section 482 Criminal Procedure Code on the other. While a Court trying an accused or hearing an appeal aga