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SUMEET GOEL
Earndeep Kaur @ Irandeep Kaur – Appellant
Versus
State of Punjab – Respondent
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
Quashing of FIR under Section 306 IPC based on compromise is impermissible as such offenses are grave and non-compoundable, impacting societal interests.
The FIR under Section 304-A cannot be quashed based on compromise, given the serious nature of the offence and its societal implications.
(1) Abetment of suicide – Even an indirect act of incitement to commission of suicide would constitute offence of abetment of suicide under Section 306 of IPC.(2) Criminal prosecution, if otherwise j....
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.
Offences under Section 307 IPC are serious and heinous, lacking the possibility of being quashed based on private compromise. Hence, societal interest in prosecuting such crimes prevails.
The main legal point established in the judgment is the validity of quashing criminal proceedings based on a genuine and valid compromise, considering the nature of the offences and the impact on pub....
The court's decision emphasized the voluntary nature of the compromise, the impact of the offences on public peace and moral fabric of society, and the exercise of inherent power under section 482 Cr....
The High Court cannot quash criminal proceedings for serious offences like abetment of suicide based on a settlement, as such crimes impact society and require trial.
The main legal point established is that the inherent power under Section 482 Cr.P.C can be used to quash proceedings based on a compromise, even for non-compoundable offences, if it serves the ends ....
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