ORDER

Heard finally, with the consent of the parties.

1. The petitioner has filed the present petition under section 482 of the Code of Criminal Procedure, 1973 seeking quashment of FIR bearing Crime No. 58/2023 registered at Police Station-Kukdeshwar District Neemuch for the offence under section 306 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and the consequential proceedings.

2. As per prosecution story deceased Neeraj Kalvadiya and Naresh Patel were neighbours and in the year 2013 Naresh Patel shifted to Ahmedabad. Naresh Patel took money of Rs.95,00,000/- from the deceased for sale of land at Sawer Kundla in the partnership of Naresh, Neeraj and the present applicant. However, it is alleged that the present applicant took the money and registered the land in his name and also sold the land and misappropriated the amount. Therefore, being aggrieved of this misappropriation, the deceased committed suicide.

3. It is submitted by both the parties that they have settled their dispute amicably.

4. As per the verification report received from the Principal Registrar, both the parties have settled their dispute amicably and filed applications under section 320(1) and 320 (2) of Cr.P.C for compromise vide I.A. Nos.3119/2024 and 3120/2024.

5. From the aforesaid, it appears that the petitioner and the respondent Nos. 2 &3 have amicably settled their dispute and on the factum of compromise, the petitioner prays for quashment of FIR registered at Crime No.58/2023, registered at Police Station Kukdeshwar, District Neemuch, for offence under section 306 of IPC and the consequential proceedings arising out of it.

6. 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 for such an offence cannot be allowed.

7. In view of the above, it would be apposite to survey the law in respect of compounding in non-compoundable case. In the case of State of M.P. v. Laxmi Narayan (2019) 5 SCC 688, a Three Judge Bench of the apex Court discussed the earlier judgments of the a pex Court and laid down the principles in para-15. The relevant para-15.1 & 15.2 are reproduced as under:-

''15.1 That the power conferred under section 482 of the Code to quash the criminal proceedings for the noncompoundable of ences under section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves;

15.2. Such power is not to be exercised in those prosecutions which involved heinous and serious of ences of mental depravity or of ences like murder, rape, dacoity, etc. Such of ences are not private in nature and have a serious impact on society;"

8 . In order to prosecute a person under section 306 of the IPC the ingredients of section 107 of the IPC is to be satisfied, which are reproduced as under:

“107. Abetment of a thing – A person abets the doing of a thing, who - First – Instigates any person to do that thing; or

Secondly, - Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing or

Thirdly – Intentionally aids, by any act or illegal omission, the doing of that thing.

9. In this regard, the law laid down by Hon'ble Supreme Court in a recent judgment, rendered in Kanchan Sharma v. State of Uttar Pradesh and Another 2021 (4) Crimes 48 (SC), is propitious to produce here:

'Abetment' involves mental process of instigating a person or intentionally aiding a person in doing of a thing. Without positive act on the part of the accused to instigate or aid in committing suicide, no one can be convicted for of ence under section 306,