The court emphasized the reformatory purpose of criminal jurisprudence and the need to secure the ends of justice in exercising the inherent power for quashing the proceedings based on a compromise.

JUDGMENT

Anoop Chitkara, J. - 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 a compromise with the aggrieved person.

FIR No.

Dated

Police Station

Sections

217

15.3.2022

Sector 58, Faridabad

25 Arms Act and 147, 149, 307, 323, 341, 506 IPC

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 petitioners came up before this Court to quash the FIR, and in the quashing petition, the aggrieved person has been impleaded as respondent.

4. On 16-07-2022, the aggrieved persons namely Prithi @ Prithvi Singh, Uma Shankar @ Ritu, Tek Chand @ Tinku, Dal Chand @ Dimpi, Keshav, Pradeep @ Nanu, Ombir @ Omkar, Mahender and Rahul appeared before the Additional Sessions Judge, Faridabad and the remaining aggrieved persons namely Mahesh Kumar, Onkar Chauhan, Dhanraj, Amar Singh and Jai Prakash appeared before the Additional Sessions Judge, Faridabad on 21-07-2022 and stated that there would be no objection if the court quashes this FIR and consequent proceedings. Similarly, accused, persons namely Ashok, Dinesh, Bhanu, Vishal, Vishal Rawat, Sagar, Deepak W Hanuman, Ballu @ Balram, Sandeep @ Padda and Abhishek @ Abhi also appeared before the Additional Sessions Judge, Faridabad on 21.07.2022 and made their joint statements to this effect. As per the concerned court's report dated 22-07-2022, the parties consented to the quashing of FIR and consequent proceedings without any threat or coercion.

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 (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. A reference to the compromise deed Annexure P-3 and the statements made by the aggrieved persons and the accused reveal that there were cross- cases FIR 230 and FIR 217, between them, and they have settled all their disputes.

8. The parties belong to the same area and must be living there for generations and might continue to live, who knows for how long. In the closelyknit 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(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 conviction, sentence and all previous proceedings i