whether the court should accept compromise between the parties and quash the FIR and criminal proceedings where offence under section 307 of IPC is involved.
Offences not covered within the four corners of Section 320 of the Code, High Court is given power under Section 482 of the Code to accept the compromise between the parties and quash the proceedings.The guiding factor is as to whether the ends of justice would justify such exercise of power, both the ultimate consequences may be acquittal or dismissal of the indictment.
Yes in the following Case:
Ref : Narinder Singh & Ors.Vs. State of Punjab & Anr[March 27, 2014]
- FIR No.121 dated 14.7.2010 was registered under Section 307/324/323/34 IPC
- The investigation was completed, whereafter challan was presented in the court against the petitioner herein. Charges have also been framed; the case is at the stage of recording of evidence.
- At this juncture, parties entered into compromise on the basis of which petition under Section 482 of the Code was filed for quashing the FIR.
- Guiding principle issued
No in the Following Case :
State of Rajasthan Versus Shambhu Kewat and Another[November 28, 2013.]
- Sections 307, 323, 325, 427 read with Section 34 IPC.
- Same judges of Narinder Singh declined to quash the proceeding and FIR
Probably gravity of injury and Social impact was considered in the above two cases as guiding factors.
Despite settlement quashing of FIR when to be declined
Guiding principle issued
