Gurdeep Singh Alias Deepi and Others Vs State of Haryana and Others

The prayer in this petition is for quashing of FIR No.39 dated 13.02.2025 under Sections 109(1), 115, 118(1), 190, 191(3) and 351(2) of BNS, 2023 (Sections 307, 321, 324, 149, 148 and 506 IPC) registered at Police Station Ambala Sadar, District Ambala, Haryana and all consequential proceedings arising therefrom on the basis of a compromise dated 15.03.2025 (Annexure P-2).

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Vide order dated 07.04.2025 this Court had directed the parties to appear before Illaqa Magistrate for getting their statements recorded in

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SUKHPREET KAUR 2025.08.08 05:29 I attest to the accuracy and integrity of this document chandigarh

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CRM-M-15925-2025 (O & M)

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terms of certain parameters given in the aforesaid order dated 07.04.2025 with regard to the compromise (Annexure P-2).

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In terms of the order dated 07.04.2025 passed by this Court, the parties have appeared before the Court of the Judicial Magistrate Ist Class, Ambala, and as per the report dated 14.05.2025 submitted to this Court, both the parties have got recorded their respective statements in Court.

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A perusal of the aforesaid report would show that the parties have effected a genuine compromise without there being any pressure, coercion or undue influence. In view of the compromise there is a remote possibility of the complainant coming forward to support the prosecution case. The powers under Section 482 Cr.PC can be exercised in such like situation in order to prevent unnecessary vagaries of criminal trial to be faced by the parties, when there are remote chances of conviction of the accused. The compromise in question is found to be fully in consonance with the direction issued by the Court in Kulwinder Singh & Ors. Vs. State of Punjab 2007(3) RCR (Criminal) 1052 and Gian Singh Vs. State of Punjab & Anr., 2012(4) RCR (Crl.) 543 .

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In the present case, undoubtedly, the FIR has been registered under Section 307 IPC and therefore, the question would be as to whether the FIR could be quashed.

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The Hon'ble Supreme Court in Narinder Singh and Others vs State of Punjab and Another, 2014 (2) RCR (Criminal) 482, and State of Madhya Pradesh vs Laxmi Narayan and Others, 2019(2) RCR (Criminal)

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SUKHPREET KAUR 2025.08.08 05:29 255 , have categorized those cases where quashing on the basis of I attest to the accuracy and integrity of this document chandigarh

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CRM-M-15925-2025 (O & M)

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compromise was permitted and those in which, it was not permitted. It was further observed that the Court concerned may look into the medical evidence and examine the same to see as to whether the conviction under Section 307 of the IPC was possible or not.

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Thus, mere registration of an FIR under Section 307 did not foreclose the right of the petitioner/accused to effect a compromise and get the FIR quashed.

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Though, in the instant case, the FIR has been registered under Section 307 as the injuries have been said to be “dangerous to life” is in fact an injury which is ‘endangering life’ and therefore would be punishable under Section 326 IPC. Therefore, in the present case if a conviction was to be recorded, in all probability it would be one under Section 326 IPC and not under Section 307 IPC. It has been so held in Atma Singh Vs. The State of Punjab 1980 PLR 719, Mohinder Singh & Ors. Vs. State of Punjab 2012(4) RCR (Criminal) 214, Narender Singh Vs. State of Haryana & Ors. 2020(3) RCR (Criminal) 66, Mehmood Akhtar Vs. State of Punjab 2014(16) RCR (Criminal) 43 & Pritam Singh & Anr. Vs. State of Punjab Crl. Appeal No.1126-SB-1 999 Decided on 25.02.2010.

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In such a situation to put quietus to the incident between the parties it would in the interest of justice to quash the proceedings on the basis of the compromise.

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In view of the above, the present petition is allowed. The FIR No.39 dated 13.02.2025 under Sections 109(1), 115, 118(1), 190, 191(3) and 351(2) of BNS, 2023 (Sections 307, 321, 324, 149, 148 and 506 IPC) SUKHPREET KAUR 2025.08.08 05:29 registered at Police Station Ambala Sadar, District Ambala, Haryana and all I attest to the accuracy and integrity of this document chandigarh

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CRM-M-15925-2025 (O & M)

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consequential proceedings arising therefrom are hereby quashed on the basis of a compromise (Annexure P-2) qua the petitioners only.

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Petition stands disposed of.

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( JASJIT SINGH BEDI) JUDGE August 07, 2024 sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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SUKHPREET KAUR 2025.08.08 05:29 I attest to the accuracy and integrity of this document chandigarh

Gurdeep Singh Alias Deepi and Others v. State of Haryana and Others

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Gurdeep Singh Alias Deepi and Others v. State of Haryana and Others

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