Mere Incorporation Of S. 307 IPC In FIR & Chargesheet No Bar To Quash Case Based On Compromise Between Parties: Allahabad HC

The Allahabad High Court has allowed a petition under section 482 Cr. PC and quashed the proceedings and summoning order passed by the Additional Chief Judicial Magistrate while holding that in view of the peculiar facts and circumstances of the case, the continuance of the proceedings of the case even after the parties have entered into a compromise would only result in persecution of the applicants, which would give rise to a failure of justice.
 
The facts leading to the filing of the present proceedings before the High Court are that the opposite party no. 2 had filed an FIR alleging that there arose a property dispute between the parties and the revenue authorities had demarcated the land. The applicants however started tiling the informant's farms and upon protest they assaulted and threatened the opposite parties no. 2 and 3. An FIR was filed under Sections 147, 148, 149, 323, 504, 506, 427, 307 IPC. The parties however entered into a compromise with the intervention of respected persons and relatives of the parties and there is no dispute remaining between them and the opposite parties no. 2 and 3 did not want any action against the applicants.
 
The High Court observed thus:
 
“Examining the facts of the present case in light of the aforesaid law laid by the Hon'ble Supreme Court, it transpires that the FIR was lodged stating that there was a property dispute between the parties. Although the FIR and the charge-sheet make a mention of Section 307 IPC, the medical examination report of the opposite parties no. 2 and 3 mentions simple injuries of contusions and abrasions only and there is no report of any serious injury having been suffered by the opposite parties no. 2 and 3. Further, none of the injuries is reported to have been inflicted on any vital part of the body of any of the injured persons. The injuries are reported to have been caused by hard and blunt objects.
 
Keeping in view of the entire facts, I am of the view that mere incorporation of Section 307 IPC in the FIR and the charge-sheet, would not be a bar to the compromise entered into between the parties to put an end to the disputes between them and the present case would fall within the exception carved out by the Hon'ble Supreme Court in Para 29.6 in Narinder Singh and others (supra) and para 15.4 of the judgment in the case of State of Madhya Pradesh vs. Laxmi Narayan & others (supra). In view of the peculiar facts and circumstances of the case, the continuance of the proceedings of the case even after the parties have entered into a compromise would only result in persecution of the applicants, which would give rise to a failure of justice.”

Dr. Mohd. Ibrahim & Ors vs. State of Uttar Pradesh & Ors.