Offences under Section 307 of the IPC and the Arms Act are against society and cannot be quashed on the basis of compromise between the parties.

JUDGMENT

Harsimran Singh Sethi, J. (Oral). - Present petition has been filed for quashing of the FIR No.127, dated 24.06.2021, under Sections 307, 323, 452, 506, 148 and 149 of the IPC (Section 326 of the IPC and Sections 25/27 of the Arms Act added subsequently, while deleting Section 324 of the IPC), at Police Station Civil Lines, Batala, Police District Batala, District Gurdaspur, and all the subsequent proceedings arising therefrom, on the basis of compromise dated 05.07.2021 arrived at between the parties, a copy of which has been appended as Annexure P-3.

2. Learned counsel appearing on behalf of the petitioners argues that the fire arm injury, which has been suffered by victim, is on the right bicep of his arm due to which, Section 307 of the IPC and the provisions of the Arms Act have been invoked. He further submits that though the investigation is still under progress, and as the parties have compromised their dispute, the present FIR may kindly be quashed on the basis of compromise between the parties. No one has appeared on behalf of the complainant to support the present petition for quashing of the FIR in question on the basis of compromise.

3. Learned State counsel submits that prayer of the petitioners for quashing of FIR is not maintainable keeping in view the settled principle of law for the reason that the Sections of Arms Act, which have been invoked in the FIR, cannot be compromised as the said violation is not only against the complainant but it is also against the State. He further contends that similarly, keeping in view the facts and circumstances of this case, where the victim has received fire-arm injury, though the same is on his hand, but keeping in view the intention of the accused as Section 307 of the IPC has been invoked, the same is also not compoundable. Learned State counsel also submits that as the investigation is not over, even otherwise, the present petition is not maintainable and the same is liable to be dismissed.

4. I have heard learned counsel for the parties and have gone through the record with their able assistance.

5. In the present case, in the FIR, Sections 307 and 326 of the IPC as well as Sections 25/27 of the Arms Act have been invoked. The law on the said aspect as to whether, the FIR, wherein the above-stated provisions have been invoked, cannot be quashed on the basis of compromise is well settled.

6. The Hon'ble Supreme Court of India in Criminal Appeal No.860 of 2015 titled as "State of M.P. Vs. Manish and others" has held that the offence punishable under Section 307 of the IPC as well offences under the Arms Act are the offences against society and the concerned parties cannot be allowed to compromise the said disputes. The relevant paragraphs of the said judgment is as under:-

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6. The Three-Judge Bench decision in Gian Singh (supra) is an illuminating judgment on this issue. In paragraph 61 ultimately the position has been set out in clear terms as under:-

"31. The position that merges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or, (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R. may be exercised where the offender and the victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc.