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2025 Supreme(P&H) 10

IN THE HIGH COURT OF PUNJAB AND HARYANA
SUMEET GOEL, J.
Earndeep Kaur @ Irandeep Kaur & Anr. - Appellants
Versus
State of Punjab & Anr. - Respondents
CRM-M No. 13795 of 2024
Decided On : 24-01-2025

Advocates:
Advocate Appeared:
For the Appearing Parties : Mr. Mukul Goyal Adv., Mr. Kewal Krishan Adv., Mr. Yuvraj Singh AAG, Punjab

Quashing of FIR under Section 306 IPC based on compromise is impermissible as such offenses are grave and non-compoundable, impacting societal interests.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Section 306 - Quashing of FIR - Petition for quashing of FIR for abetment of suicide based on a compromise was dismissed as the FIR involved non-compoundable offenses - Compromise between parties cannot negate the grave nature of the offense affecting societal interests. (Paras 1, 16)

(B) Jurisdiction - The High Court's inherent power under Section 482 allows quashing criminal proceedings, but it must consider the gravity of the offense and societal impact, particularly in cases involving heinous crimes. (Paras 10.1, 11.2)

Facts of the case:
FIR filed by the complainant alleging that her son-in-law's actions led to her husband’s suicide after enduring mental harassment. The petitioners sought to quash the FIR post-compromise with the complainant.

Findings of Court:
The court held that the FIR concerning Section 306 IPC could not be quashed on the basis of a compromise since it is a serious crime against society.

Issues: Whether an FIR under Section 306 IPC can be quashed based on a compromise.

Ratio Decidendi: The court examined the serious nature of the allegations concerning abetment to suicide which cannot be settled privately, emphasizing that the deceased, as the primary victim, was unable to consent to any settlement.

Result: Petition dismissed.

Table of Content
1. factual background of the fir and the situation. (Para 1 , 2)
2. arguments regarding compromise and its implications. (Para 3)
3. court's analysis of the nature of the case and previous rulings. (Para 4 , 6 , 8 , 9)
4. court's analysis of the legal implications and precedents related to quashing. (Para 5)
5. legal principles concerning quashing firs under section 306 ipc. (Para 7 , 10 , 11 , 12 , 14)
6. decision to dismiss the petition and implications. (Para 16 , 17)

JUDGMENT :

Mr. Sumeet Goel, J.

The present petition has been preferred by the accused, under Section 482 of Code of Criminal Procedure, 1973 for quashing of FIR No.0041 dated 03.11.2023 (hereinafter to be referred as the impugned FIR) registered under Sections 306 /34 of IPC at Police Station GRP, District Patiala, Punjab as also proceedings subsequent thereto on the basis of compromise deed dated 11.03.2024 (copy whereof has been appended as Annexure P-2 with the present petition).

2. The gravamen of the impugned FIR is that the complainant namely Shakuntla Singhi w/o late Baldev Krishan, R/O H. No. 212-A, Gurdeep Colony, Street No. 02, Ablowal, District Patiala, aged 62 years alleged that she is a homemaker and residing at the aforesaid address. She further alleged that her marriage with late Sh. Baldev Krishan took place in the year 1979 and we had two children; elder daughter namely Ritu Singhi being married to Naresh Batta of Rajpura and her younger son namely Manish Singhi being married to Irandeep Kaur of Tripri, Patiala, 11 years ago. However, on account of COVID-19, their younger son namely Manish Singhi passed away in the year 2021, leaving behind a seven year-old son. After death of the Manish, the complainant stayed with my daughter-in-law namely Irandeep Kaur and grandson. However, the behavior of her daughter- in-law towards the complainant and her husband was often staying aloof and she often disrespected them. On multiple occasions, she brought one Rupesh Kumar, an unrelated man, to the house of the complainant. When the complainant confronted her, she used abusive language and claimed ownership of the house. On 25.10.2023, the daughter-in-law of the complainant namely Irandeep Kaur locked herself in a room with the aforesaid Rupesh Kumar. On 26.10.2023, when she was confronted by the family members, she stated that this was her house and asked the complainant to leave. She also sold the car of her late son and had transferred Rs. 80 lakhs from his account to her account without sharing any details thereof with the complainant. It was further alleged that, on 31.10.2023, the aforesaid Rupesh Kumar began installing cameras in the house without the consent of the complainant and her husband. Upon protest, both the accused i.e. her daughter-in-law namely Irandeep Kaur and Rupesh Kumar insulted the complainant and her husband and told us to leave or die. These events caused immense stress to the husband of the complainant. On 02.11.2023, overwhelmed by the harassment and mental torture, the husband of the complainant attempted suicide by jumping in front of a train at Rajpura Railway Station whereinafter he was admitted to PGIMER, Chandigarh where he succumbed to his injuries on the same day. The complainant has further alleged that her daughter-in-law namely Irandeep Kaur and Rupesh Kumar were responsible for the death of her husband on account of the mental harassment and humiliation caused by them. Based on these set of allegations, the impugned FIR was got registered.

3. Learned counsel for the petitioners has argued that the petitioners have been falsely implicated into the impugned FIR whereinafter the Police has even put up the challan (final report) on 04.05.2024. Learned counsel for the petitioners has submitted that a compromise was entered into between the petitioners and the FIR-complainant (wife of the deceased) on 11.03.2024, relevant whereof reads as under: -

    “1. That in the above said FIR now the matter has been settled with th

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