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NAMIT KUMAR
Mohammad Faisal – Appellant
Versus
State of Punjab – Respondent
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
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 ....
The main legal point established in the judgment is that the offence under Section 307 of IPC is not a private offence but a crime against society, and the nature of the injuries and seriousness of t....
The court emphasized that FIRs for heinous offences like Section 307 IPC cannot be quashed based solely on compromise, prioritizing societal impact and the possibility of conviction.
The court emphasized the non-compoundable nature of certain offences, the societal impact, and the importance of considering the seriousness of the offences before quashing proceedings.
Point of Law : 15.5. Section 482 of Code to quash criminal proceedings in respect of non-compoundable offences, which are private in nature and do not have a serious impart on society, on ground that....
Offences under Section 307 IPC are heinous and cannot be quashed solely on the ground of a compromise.
The court ruled that serious offences under IPC, such as Section 307, cannot be quashed based on compromise, emphasizing the distinction between quashing and compounding offences.
Non-compoundable offences with societal impact should not be quashed based solely on compromise.
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