Brief Facts
- By way of filing this instant Criminal Misc. Petition under Section 528 of BNSS, the petitioner seeks quashing of FIR for the offences under Sections 365, 382, 323, and 34 of IPC, along with all proceedings emanating therefrom, on the ground that the parties have amicably settled their disputes.
Issues
- Whether an FIR for the offences under Section 365, 382, 323 of IPC be quashed on the ground of compromise between the parties?
Held
- The court dismissed the Petition and held that the offences alleged against the accused are serious in nature, cognizable, and non-compoundable. Allowing the quashing of the FIR on the basis of compromise would set an unhealthy precedent and defeat the purpose of criminal justice. Accordingly, the court held as hereunder:
- The investigation has established a prima facie case against the accused under Sections 365, 382, 323, and 34 IPC. The mere fact that the complainant has entered into a settlement with the accused does not absolve them of their criminal liability, especially when the offences are non-compoundable. Permitting quashing of such cases on the basis of compromise would undermine the very purpose of criminal law and embolden offenders.
- The offences under Sections 365 and 382 IPC fall under the category of non-compoundable offences as per Section 320 CrPC. The rationale behind this classification is to ensure that grave offences affecting public order, personal liberty, and security are not compromised for private settlements. Compounding of such offences would set a dangerous precedent, allowing accused persons to evade justice through monetary settlements or coercive tactics.
Relevant Para No.
- 5, 6, 7, 8