1. Both the sections are non-compoundable as per law.
2. No High Court will allow quash petition when there is a murder charge on the ground of compromise.
Fir quash
Fir registered under 304b, accused arrested , special investigation team declared them guilty, challan submitted under section 304b, charges framed under section 304b and 302. considering the life of 4 small childrens of both accused, both parties come to conclusion for the compromise. can fir be quashed in hc on the basis of compromise. do the challans also needs to be quashed in hc. what are the chances to get it quashed in hc.
Asked 5 years ago in Criminal Law
Religion: Hindu
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11 Answers
1. well since the crime is grave in nature there is little chance of quashing even on joint petition.
2. Though there is no restraint in quashing of non compoundable offence but in the light of decision of Gian Sing vs state of P & H , offences involving human depravitiy like murder and dacoity the court is disallowed to allow quashing.
3 So you may try your luck but the court is unlikely to allow your petition.
If compromise has been entered into between parties HC can quash FIR against accused
2) Supreme Court has ruled that courts cannot quash complaints in grave criminal cases even if the accused and the complainant reach a compromise as such offences have a bearing on the society.
3) Such offences cannot be construed to be merely private or civil disputes but implicate the societal interest in prosecuting serious crime
4) HC would not quash FIR in murder cases
No, the compromise is not admissible in this case.
yes it can be quashed in HC. If chargesheet is quashed FIR is automatically quashed. If there is merits in case and compromise has occurred there are chances.But court sometimes refuse to quash a case also.
Yes the FIR can be quashed by the HC on the basis of the compromise.
Just the FIR is required to be quashed.
Regards
Sir i case of quashing the complete proceedings are quashed but in such offences the high court also does not quash criminal trial on basis of compromise the thing only can be done is witness before the trial court can change the statement and the accused is acquitted in light of no evidence.
Hello,
You can file the petition but the court will not allow the same as section 302 is there and prima facie they find accused guilty.
Regards
1. Since Section 304B i.e dowry death is a heinous offence the High Court cannot quash it on the basis of compromise. The Supreme Court has now made it clear in many judgments that High Court should not quash the proceedings where the offence is heinous or is such that it affects society at large.
2. The accused is free though to unilaterally file a petition for quashing of FIR.
The Supreme Court has recently observed in a case that grave offences like rape and murder cannot be compromised as they are crimes against society.
You may still take a chance by way of approaching the High COurt to get the criminal proceedings quahsed on the strenth of compromise/.
Yes, the high court, if convinced about the circumstances, can pass an order to quash the FIR.
The charge sheet if filed already, may also be quashed simultaneously.
If the defacto complainant is giving a NOC for quash, then there are chances for the same.
