"There Can Be No Compromise With Dead Man, FIR U/S 306 IPC Can't Be Quashed On Basis Of Compromise": Punjab & Haryana High Court

Punjab and Haryana High Court on April 1, 2022, dismissed the petition seeking quashing of an FIR under Section 306 IPC on the basis of a compromise.

The bench comprising Justice Gurvinder Singh Gill dismissed a petition filed by the petitioners under Section 482 of Cr.P.C. seeking to quash the FIR registered under Section 306 for abetment of suicide. The claim was based on the ground that a compromise has been arrived at between the family of the deceased and the accused.

The case came up as a result of an FIR being lodged by the father of the deceased. The deceased was married to the accused. About 15 days prior to the incident, the accused had a quarrel with the deceased, and she left for her parental home. The deceased husband contacted his in-laws and requested to meet his wife, but to no avail, and later committed suicide.

Upon perusal of the FIR, the Court found that the matter pertains to the abetment of commission of suicide by the accused wife.

Court held that the family of the deceased is not the only ones aggrieved because the offense is broadly committed against the deceased himself. Court also refused to quash the FIR by stating that there can be no compromise with the deceased.

Since an offense under Section 306 IPC is alleged to have been committed which is a heinous offense and Avtar Chand had committed suicide, therefore, it is not just Avtar Chand's family who would be aggrieved, but the offense is broadly committed against the deceased himself. There can be no compromise with the dead man. As such the FIR cannot be quashed on the basis of compromise.

The court while answering the contention of quashing the FIR on merits, held that false allegations against the character of the deceased by the accused wife would prima-facie attract the offense alleged.

As far as the contention of the petitioner regarding quashing of the FIR on merits is concerned this Court is of the opinion that the allegations of raising false allegations against the character of the deceased by Neelam Devi herself to the effect that he was having illicit relations and subsequent quarrels with him on the said grounds would prima-facie attract an offense of abetment to commit suicide. Even the relatives had also played a part in the same inasmuch as they had also been troubling the deceased. There are sufficient allegations in the FIR to constitute the offenses.

Court finally held that no ground is made out for quashing of FIR either on basis of compromise or on merits. The petition is dismissed because it is sans merit.

Case Title : Neelam Devi and another v State of Punjab and another

Citation : 2022 LiveLaw (PH) 55

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