IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.M.No. M-25375/2010(O&M) Date of decision: 31.8.2010. Ravinder Kumar ....................Petitioner v. State of Haryana and another .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.Hari Nath Ram,Advocate for the petitioner. Jaswant Singh.J.(Oral) Prayer under Section 482 Cr.PC is for quashing FIR No.48 dated 21.3.2010 under Section 302 IPC, P.S Badshahpur, District Gurgaon and all consequential proceedings arising therefrom on the basis of affidavit dated 26.3.2010 (P.2) sworn by the complainant. As per allegations, on 20.3.2010, the petitioner in a fit of rage gave merciless beatings to Bhairo Singh S/o Jagdish Yadav saying that latter had molested the daughter of one Sagar. Due to the beatings given by the petitioner, said Bhairo Singh became unconscious and succumbed to the injuries on the way while being taken to Government Hospital, Gurgaon. The FIR in question was recorded on the basis of statement of complainant/Pinku Kumar- respondent No.2. In the affidavit dated 26.3.2010 (P.2) complainant-Pinku Kumar has stated that the FIR in question was not got registered by him and rather the police has forcibly picked him up and took him to Police Station Badshahpur, where his signatures were obtained on some blank papers after giving beatings to him. It is further stated therein that the petitioner has not given any beatings to the deceased Bhairo Singh. After hearing learned counsel for the petitioner, perusing the FIR as well as the affidavit (P.2) and keeping in view the nature of the offence, which is not compoundable under Section 320 Cr.P.C, in my opinion, no case for quashing the FIR on the basis of affidavit of the complainant-Pinku Kumar is made out. It is not disputed that the complainant is not related to the deceased. As such, he would not be interested in prosecuting the accused-petitioner. It is also not disputed that the offence committed by the petitioner is not of a personal nature between the parties. In my opinion, quashing the FIR in such like case would in no way enhance the social amity and reduction of friction rather would shatter public faith in the criminal justice system. Reliance in this regard can be placed upon decision of Hon'ble the Supreme Court in Manoj Sharma v. State of Others, 2008(4) RCR (Criminal)827, wherein it was held that a case under Section 302 IPC or other serious offences like those under Sections 395, 307 or 304-B cannot be compounded and hence proceedings in those provisions cannot be quashed by the High Court in exercise of its power under Section 482 Cr.PC, or in writ jurisdiction on the basis of compromise. For the reasons stated above, no case for quashing the FIR in question is made out. Accordingly, the present petition is dismissed 31.8.2010 (Jaswant Singh) joshi Judge