Merely Stating That Parties Want To Live In Peace Not Enough For Compounding Of Heinous Offence: Punjab & Haryana High Court

The Punjab and Haryana High Court has ruled that heinous offences such as attempt to murder punishable under 307 IPC is not compoundable between parties merely by stating that they have entered into a compromise and want to live in brotherhood, peace, and harmony.

The bench of Justice Anoop Chitkara further held that without the background of friendship, the closeness of family, strong bonds, or being in relations, the explanation that 'parties want to live in brotherhood, peace, and harmony' is meaningless to permit compounding of a heinous offence punishable under section 307 IPC.

The case in brief

Essentially, the Court was dealing with a Section 482 CrPC application filed by the accused [booked under Sections 148, 149, 307, 323, 324 and 341 of the IPC] seeking the quashing of the FIR and all consequential proceedings based on the compromise with the victim(s).

On 21-3-2022, the victim/ aggrieved persons stated before Special Judge Kaithal that they did not want to pursue the FIR against the accused. As per the concerned court's report dated 22 Mar 2022, the parties consented to the quashing of the FIR and consequent proceedings without any threat.

The State's counsel severely opposed the compromise and sought dismissal of the petition because of the heinous nature of the offence. Further, referring to the compromise deed, the Court noted that the reason for compromise is that due to compromise parties will live peacefully.

In view of this, the Court, at the outset, observed thus:

"A perusal of the contents of the compromise and victims' statements about compromise state that they entered into a compromise to live in brotherhood, peace, and harmony. However, without the background of friendship, the closeness of family, strong bonds, or being in relations, this explanation is meaningless to permit compounding of a heinous offence punishable under section 307 IPC, where the sentence can run to imprisonment for life."

In view of this, the Court dismissed the instant application. 

Case title - Aman Lohan and others v. State of Haryana and others

Case Citation: 2022 LiveLaw (PH) 53

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