82.
(P&H HC) 04-07-2022
Indian Penal Code, 1860 (45 of 1860), Section 307 -- Arms Act, 1959 (54 of 1959), Sections 25, 27 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Attempt to murder – Compromise quashing of FIR – Alleged commission of an offence constituted u/s 307 of the IPC, does not prima facie appear to be so grave, and, nor is so heinous – When the settlement has occurred, at the pre-charge stage, thereupon, for preserving amity, and, harmony amongst the concerned, besides when given the occurrence of a compromise at the pre-trial stage, rather the victim-complainant, or/and, the ocular witnesses to the occurrence are not likely to support the charge – Settlement/compromise, as validly entered into, enjoins its being revered – Chances of the petitioner being convicted are remote as well as bleak – In sequel, the ordering for the trial of the accused, would result in harassment and humiliation, being caused to the accused, besides would defeat the ends of justice – Petition allowed, FIR and, also all the consequential proceedings arising therefrom quashed qua the petitioner.
(Para 13-19)