The Punjab and Haryana High Court has refused to quash the FIR registered under Sections 304 and 34 of the Indian Penal Code on the basis of a compromise between the parties.

The Bench of Justice Namit Kumar observed that “The parties may claim to stand pacified and to be living in peaceful co-existence. However, the fact remains that the loss of human life cannot be ignored or forgotten, in light of subsequent conduct offered by the parties.”

In this case, FIR was lodged by the mother of the deceased alleging that her son had died under mysterious circumstances at a dargah and had he been given the proper treatment, his life could have been saved.

Advocate Amit Kumar appeared for the petitioners and AAG Adhiraj Singh appeared for the respondent- State.

The Counsel for the petitioners apprised the Court of the fact that parties had reached an amicable settlement vide compromise deed and that petition deserved to be allowed and the FIR needed to be quashed.

The Court said that “it cannot be lost sight of that case with passage of time informant may succumb to various circumstances and factors besides open and other threats and inducements that are not required to be gone into at this stage.”

Further reliance was placed upon the decision of the Apex Court in the case of Gian Singh v. State of Punjab and another, 2012(4) RCR (Criminal) 543 wherein it was held that “In respect of serious offences like murder, rape, dacoity, etc; or other offences of mental depravity under IPC or offences of moral turpitude under special statutes, like Prevention of Corruption Act or the offences committed by public servants while working in that capacity, the settlement between offender and victim can have no legal sanction at all.”

Therefore, the Court held that the petition to quash the FIR was liable to be dismissed. And, further clarified that the prosecution proceedings would continue unaffected/influenced by any observations made in the order.

Accordingly, the petition was dismissed.

Cause Title- Sukhwinder Pawar and Anr. v. State of Punjab & Anr.

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