FIR Quashed when the parties amicably settled the dispute: High Court of Uttarakhand.
Where there is a genuine compromise and there is hardly any likelihood of the offender being convicted, then FIR should be quashed. A single Judge bench comprising Hon’ble Justice N.S. Dhanik, in the matter of Niyamul Haq @ Niyamul Versus State of Uttarakhand and others (Criminal Writ Petition No. 1107 of 2020), dealt with an issue where the petitioner filed a writ petition seeking relief from this court to quash the FIR and issue a writ, order or direction in the nature of mandamus commanding the respondent no. 1 & 2 not to harass and arrest the petitioner in view of the impugned FIR till the collection of credible evidence against the petitioner or till the filing of the report submitted under Section 173 of Cr.P.C.
In the present case, parties have filed the joint compounding application stating that they have entered into a compromise and amicably settled their dispute and now respondent no. a 3 & 4 do not have any grievance with the petitioner.
The petitioner contended that all the injuries are simple in nature and stated that Offences under Section 307 IPC would fall in the category of heinous and serious offences and therefore are to be generally treated as crimes against society and not against the individual alone. However, the High Court would not rest its decision merely because there is a mention of Section 307 IPC in the FIR or the charge is framed under this provision. Also, it is not needed to say that non-compoundable offences cannot be compounded. But considering the nature of injuries, where there is a genuine compromise and there is hardly any likelihood of the offender being convicted and continuance of the proceedings, after the compromise having been arrived at between the parties, would be a futile exercise, the compromise should be accepted and the impugned FIR should be quashed.
The court relied upon the Petitioner’s contention and agreed in the view that it would be open to the High Court to go by the nature of the injury sustained, whether such injury is inflicted on the vital/delicate parts of the body, nature of weapons used, etc and on the basis of this prima facie analysis, the High Court can examine as to whether there is a strong possibility of conviction or the chances of conviction are remote and bleak.