The court's decision emphasized the voluntary nature of the compromise, the impact of the offences on public peace and moral fabric of society, and the exercise of inherent power under section 482 CrPC.

JUDGMENT

Anoop Chitkara, J. -

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 victim(s) have compromised the matter, and its copy is annexed with this petition as Annexure P-3.

3. After that, the petitioner(s) came up before this Court to quash the FIR, and in the quashing petition, the complainant has been impleaded as respondent(s).

4. On 2-3-2022, the victim/ complainant Kuldeep Singh, the respondent no. 2 stated before the JMIC Amloh that there would be no objection if the court quashes this FIR and consequent proceedings. As per the concerned courts report dated 10-3-2022, the parties consented to the quashing of FIR and consequent proceedings without any threat. Although accused Jaspreet Singh did not appear before the concerned court, yet the complainant stated on oath that FIR be quashed and he specifically named Jaspreet Singh as one of the accused and did not object to quashing even against him.

ANALYSIS & REASONING:

5. Despite the severe opposition of the States 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 FIR and all consequential proceedings is justified to secure the ends of justice.

6. In the present case, although offence under section 406 &420 IPC are compoundable with the permission of the Court but the offences under sections 182, 120-B & 211 of Indian Penal Code, 1860 are not compoundable under Section 320 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 Manoj Sharma v. State, 2008(4) R.C.R.(Criminal) 827, Honble Supreme Court quashed the criminal proceedings holding as follows,

[8], In our view, the High Courts refusal to exercise its jurisdiction under Article 226 of the Constitution for quashing the criminal proceedings cannot be supported. The First Information Report, which had been lodged by the complainant indicates a dispute between the complainant and the accused which is of a private nature. It is no doubt true that the First Information Report was the basis of the investigation by the Police authorities, but the dispute between the parties remained one of a personal nature. Once the complainant decided not to pursue the matter further, the High Court could have taken a more pragmatic view of the matter. We do not suggest that while exerci