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DEEPAK GUPTA
Sunita Rani – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Deepak Gupta, J.
Prayer in this petition is to quash FIR No.2 dated 10.01.2019 registered at Police Station Bhikhi, District Mansa (Punjab) under Section 306 IPC, on the basis of compromise dated 02.11.2019.
2. Pursuant to the order dated 10.02.2020, parties appeared before the trial Court and got their statements recorded, affirming the compromise. Report dated 06.03.2020 of learned Judicial Magistrate Ist Class, Mansa has been received, as per which statement of the affected persons and the joint statement of the petitioners - accused have been recorded and that the compromise is with free will, as parties want to live in peace and harmony to avoid any future conflict.
3. However, learned State Counsel has opposed the prayer to quash the FIR on the basis of compromise by submitting that offence under Section 306 IPC is a heinous crime and quashing on the basis of compromise for such an offence cannot be allowed. He has relied upon Daxaben v. State of Gujarat and others , 2022(3) Crimes 224 , wherein accused was the wife of the deceased and her prosecution was sought for committing offence under Section 306 IPC. It was held by Hon'ble Supreme Court that FIR under Secti
Quashing of FIR under Section 306 IPC is permissible when allegations do not substantiate a prima facie case, particularly if parties reach a compromise aiming to restore peace.
The main legal point established in the judgment is that the power of quashing criminal proceedings under Section 482 Cr.P.C. can be used to prevent the abuse of the process of law or to secure the e....
Quashing of FIR under Section 306 IPC based on compromise is impermissible as such offenses are grave and non-compoundable, impacting societal interests.
The court can quash FIRs for non-compoundable offences under Section 482 CrPC if the parties have compromised and the circumstances do not involve public interest or serious moral turpitude.
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