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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Dhanjeet Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Pankaj Jain, J.
By way of present petition, the petitioner is seeking quashing of FIR No. 175 dated 23.10.2017 under Sections 307, 323, 506, 427, 148, 149, 120-B of IPC, 1860, and Sections 25 and 27 of the Arms Act, 1959, registered at Police Station City Malout, District Shri Muktsar Sahib (Annexure P-1) on the basis of compromise.2. Counsel for the petitioner submits that Section 307 IPC stands deleted later on. He further submits that initially there were four accused. Out of which, two namely Manpreet Singh @ Maana and Bakshish Singh Pradhan have died and one was declared innocent i.e. Shubhdeep Singh.
3. On 05.12.2023, the following order was passed
"Prayer in this petition is for quashing of FIR No. 175 dated 23.10.2017 under Sections 307, 323, 506, 427, 148, 149, 120-B of IPC, 1860, and Sections 25 and 27 of the Arms Act, 1959, registered at Police Station Malout, District Shri Muktsar Sahib, Annexure P-1, along with all consequential proceedings arising therefrom, on the basis of compromise deed dated 15.11.2023, Annexure P-2, arrived at between the parties.
Counsel for the petitioner submits that FIR is an outcome of a minor altercation between the parties, which has
Offences under Section 307 of the IPC and the Arms Act are against society and cannot be quashed on the basis of compromise between the parties.
Serious offences with a social impact, such as those under Section 307 of the IPC and the Arms Act, cannot be quashed on the basis of compromise.
The non-compoundable nature of certain offenses and the societal impact are key considerations in determining the validity of a compromise for quashing criminal proceedings.
The main legal point established is that the nature of offences and the settlement between the parties are crucial factors in determining the quashing of FIRs based on compromise.
Non-compoundable offences with societal impact should not be quashed based solely on compromise.
The power of the High Court to quash criminal proceedings based on compromise, especially in cases with a predominantly civil nature, as established in the Full Bench judgment and the Supreme Court c....
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