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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Iqbal Singh Sandhu – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Deepak Gupta, J.
Prayer in this petition is to quash FIR No.40 dated 16.07.2018 registered at Police Station Mullanpur, District SAS Nagar, Mohali under Sections 306/506/120-B IPC, on the basis of compromise dated 02.06.2017.2. Pursuant to the order dated 16.12.2019, parties appeared before the trial Court and got their statements recorded, affirming the compromise. Report dated 03.02.2020 of learned District & Sessions Judge, SAS Nagar, Mohali has been received, as per which statements of the affected persons and the petitioners-accused have been recorded and that the compromise is effected 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 of such an offence, cannot be allowed. He has relied upon Daxaben Vs. 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
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....
The court established the power of the High Court to quash criminal proceedings based on settlement between the parties in cases of overwhelmingly and predominantly private character, and emphasized ....
The main legal point established in the judgment is that vague and general allegations in a suicide note may not amount to instigation or intentional aid for the offence under Section 306 IPC. Additi....
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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