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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Satnam Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. description of the incident leading to fir. (Para 1 , 2) |
| 2. arguments regarding the merits and settlement. (Para 3 , 4 , 5) |
| 3. court's reasoning on quashing fir based on compromise. (Para 6 , 7 , 8 , 9 , 11 , 12 , 13 , 14 , 15) |
| 4. the decision to reject the quashing of fir. (Para 16) |
| 5. conclusion and order. (Para 17) |
JUDGMENT :
The present petition has been preferred by the accused under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of the FIR No.48 dated 09.06.2022 (hereinafter to be referred as the ‘impugned FIR’), registered under Sections 304-A & 279 of the Indian Penal Code, 1860 , at Police Station Ajitwal, District Moga, as also the proceedings subsequent thereto, including the judgment of conviction dated 04.04.2024 (Annexure P-2) passed in case No.CHI/282/2022 titled as “State versus Satnam Singh” by the learned Judicial Magistrate Ist Class, Moga (hereinafter referred to as ‘JMIC’), on the basis of a compromise deed dated 07.04.2024 (copy whereof is appended as Annexure P-4 with the present petition).
3. Learned counsel for the petitioner has argued that the petitioner has been falsely implicated into the impugned FIR. Learned c
The FIR under Section 304-A cannot be quashed based on compromise, given the serious nature of the offence and its societal implications.
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.
High Court can quash non-compoundable FIRs under Section 482 when parties reach amicable settlements, preserving justice and avoiding abuse of process.
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 High Court can quash non-compoundable offences under Section 482 if they are personal in nature and the parties have settled their disputes amicably, ensuring no adverse effect on public interest....
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....
High Court may quash non-compoundable FIRs for rash/negligent driving causing death on genuine compromise by victim family, as offences not heinous, conviction remote, securing ends of justice and pr....
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