Indian Penal Code, 1860
Section 308 read with Section 34—Attempt to commit culpable homicide—Petition to quash FIR—Ground of compromise—Offence under Section 308 of IPC is non-compoundable—High Court while exercising its powers under Section 482 of the CrPC can compound offences which are non-compoundable under the Code on the ground that there is a compromise between the accused and the complainant—Nature of dispute considered—Parties have amicably entered into a settlement—Continuance of proceedings would amount to abuse of the process of court—Fit case to exercise discretionary jurisdiction under Section 482 of the CrPC—FIR and all consequential proceedings arisen therefrom are quashed qua petitioner—Petition allowed. [Criminal Procedure Code, 1973, Section 482]
[Paras 8, 9 & 11]
Decision : Petition allowed