The main legal point established in the judgment is the exercise of inherent powers of the High Court under Section 482 CrPC to quash the FIR and all subsequent proceedings based on a compromise between the parties, ensuring the ends of justice.

JUDGMENT

Anoop Chitkara, J. -

1. 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 the compromise with the aggrieved person.

2. During the pendency of the petition, the accused and the aggrieved persons have compromised the matter, and the affidavits in this regard are annexed with this petition as Annexure P-2 to P-4.

3. After that, the petitioners came up before this Court to quash the FIR, and in the quashing petition, impleading the aggrieved persons as respondent. Vide order dated 17.10.2022, the parties were directed to appear before the concerned Court to appear and record their respective statements.

4. Vide order dated 22.07.2022 passed in CRM-M-16399-2022, this Court had dismissed the quashing petition on the ground that statement of Purni who had sustained injuries, was not recorded regarding compromised. Thereafter, through the present petition, said Purni was arraigned as party-respondent No.4. On 03.12.2022, respondent No.4-Purni appeared before the learned Additional Chief Judicial Magistrate, Ambala and stated that there would be no objection if the court quashes this FIR and consequent proceedings. Remaining parties have already appeared for recording their statements and submits that they have no objection if the present FIR is quashed. As per the concerned court's report dated 13.12.2022, the parties consented to the quashing of FIR and consequent proceedings without any threat.

ANALYSIS & REASONING:

5. Despite the severe 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 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 aggrieved person has willingly consented to the nullification of criminal proceedings;

d) There is no objection from the private respondent 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, the offences under sections 148 & 452 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 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 tr