Sanjeev Kumar Verma And Another vs State Of Uttarakhand And Others

Ravindra Maithani, J

The petitioners-Sanjeev Kumar Verma and Sujata Verma seek quashing of the FIR No.11 of 2023, dated 11.01.2023, under Section 306 IPC, Police Station Kankhal, District- Haridwar, on the basis of amicable settlement between the parties. A joint compounding application has been filed along with the affidavits.

Heard learned counsel for the parties and perused the record.

According to the FIR, the nephew of the respondent no.3, the informant, committed suicide and forwarded a suicide note to the informant. The suicide note is enclosed along with the FIR. According to the suicide note, the parents of the deceased were staying with the petitioners. The deceased is the son of the younger brother of the petitioner no.1. The suicide note records that the petitioners had asked the deceased to take his parents away from his house, due to which, in helpless position, the deceased committed suicide.

Learned counsel for the petitioners would submit that it is a family dispute; merely, based on the suicide note, the FIR has been lodged; the parties have settled the dispute amicably.

Learned State Counsel would submit that it is not a compoundable offence. In the case of State of Madhya Pradesh Vs. Laxmi Narayan and Others, (2019) 5 SCC 688, the Supreme Court has directed that such compounding should not be permitted during investigation. He would also submit that there is death of a person; investigation is still going on and there is credible evidence against the petitioners.

Compounding in non-compoundable offences may be permitted by this Court under Article 226 of the Constitution of India. There have been guidelines laid down by the Hon’ble Supreme Court in umpteen number of cases. The general rule is that in heinous offences, such compounding is not permitted.

Insofar as directions in the case of Laxmi Narayan (supra) is concerned, particularly, in Paragraph 15.4, the Hon’ble Supreme Court has laid down guidelines for the offences punishable under Section 307 IPC not for the offences under Section 306 IPC. It is true that in Paragraph 15.2, in the case of Laxmi Narayan (supra), the Hon’ble Supreme Court has also observed that the power to permit compounding may not be exercised in such cases, which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc.

It is a case of suicide by a young boy of 24 years of age, as stated at Bar. He happened to be nephew of the petitioner nos. 1 and 2 (Son of the younger brother of the petitioner no.1) and son of the sister of the informant. The suicide note, which has been filed, speaks that since the petitioners had required the deceased to take his parents away from their house, the deceased committed suicide. The Court does not intend to go into the merits of the case as to whether any offence of abetment to suicide is made out in this case or not, but, definitely, it is not a case of such gravity, which may attract the category of cases, as given in Paragraph 15.2 of the judgment in the case of Laxmi Narayan (supra).

The petitioners, the respondent no.3, the maternal uncle of the deceased and the respondent nos. 4 and 5, the parents of the deceased are present in person before the Court. They are identified by their respective counsel. They have submitted that it was a family dispute. They have accepted the compromise.

Having considered all the attending factors, this Court is of the view that it is a case, which may be decided on the basis of amicable settlement between the parties. Accordingly, the petition deserves to be allowed.

Accordingly, the petition is allowed. The FIR No.11 of 2023, dated 11.01.2023, under Section 306 IPC, Police Station Kankhal, District- Haridwar, is hereby quashed.

Compounding Application No. 01 of 2023 stands disposed of, accordingly.