The main legal point established in the judgment is that compromise in cases involving heinous and serious offences should be carefully considered, taking into account the societal impact and nature of injuries.

JUDGMENT :

NAMIT KUMAR, J.

1. This petition has been filed by the petitioners under Section 482 Cr.P.C. for quashing of FIR No.0143 dated 11.09.2022 under Sections 307, 120-B IPC, registered at Police Station Sadar Faridkot and subsequent proceedings arising therefrom on the basis of compromise by way of affidavit dated 29.09.2022 (Annexure P-2) of respondent No.2-complainant.

2. Present FIR was registered on the statement of Kala son of Matloob son of Rashid, resident of Bajhedi, District Mujafar Nagar (U.P), at present village Chahal, Tehsil and District Faridkot, stating that he is resident of above mentioned address. He used to take care of livestock of petitioner No.1-Mohammad Faisal son of Mehboob, resident of Bajhedi, District Mujafar Nagar (U.P), at present village Chahal. For the last 4-5 months, petitioner No.1-Mohammad Faisal has not paid his salary to him. He often abused and maltreated him when he demanded his money and compelled him to quit the job. On 28.08.2022, truck of petitioner No.1-Mohammad Faisal, being driven by Yaseen driver, was loaded with livestock for U.P. Petitioner No.1- Mohammad Faisal and Usaaf were sitting in the tool of the truck and he along with Tanjeem son of Jalim was sitting in the cabin of the truck. When the truck reached at some distance, petitioner No.1-Mohammad Faisal called respondent No.1-complainant to come up as they have to settle the livestock. He while moving slowly on the running truck, was to ascend up on the truck from ladder and when he reached near the tool, petitioner No.1-Mohammad Faisal and petitioner No.2-Usaaf with the intention to kill, gave him severe push and he fell on the road. He suffered injury on his head and the passersby got him admitted at DMC Ludhiana.

3. Learned counsel for the petitioner has contended that dispute between the petitioners and respondent No.2 arose due to some misunderstanding. He further submitted that now the matter has been compromised between petitioners and respondent No.2 vide compromise dated 29.09.2022 (Annexure P-2) and challan has not been presented as yet. He further submitted that as per compromise, respondent No.2 will not pursue present case and has no objection in quashing the FIR in question.

4. Notice of motion was issued on 01.03.2023 and in pursuance thereof, learned State counsel has filed the reply which is taken on record and he has opposed the prayer made in the petition by submitting that there are specific and grave allegations against the petitioners and injuries suffered by respondent No.2 have been declared dangerous to life. Therefore, no ground is made out to quash the present FIR against the petitioners.

5. I have heard learned counsel for the parties and perused the record.

6. Before proceeding further in the matter, it shall be appropriate to refer to compromise (Annexure P-2) as per which, the reason for compromise is that due to compromise, enmity between them would be ended and would impact the surroundings in good manner.

7. A perusal of the contents of the compromise would reveal that they entered into a compromise to live in harmony. However, without the background of friendship, the closeness of family, strong bonds or being in relations, this explanation is meaningless to permit compounding of a heinous offence punishable under Section 307 IPC, where the sentence can run to imprisonment for life.

8. The relevant portion of medico legal report dated 09.05.2023 is reproduced as under:-

Particulars of injuries/symptoms in case of poisoning: As per record, there are no visible injury marks on patient’s body. However, as per NCCT Head Report (dated 29.08.2022) injuries: (1). There is fracture of squamous part of right temporal bone. (2). SDH, measuring 2.6 mm in right temporal region. (3). Multiple Hemorrhage contusions in right fronto temporal and left basal frontal region.