Ashok Kumar and Others vs State of Punjab and Another

Ram Chand Gupta, J.—The present petition has been filed u/s 482 of the Code of Criminal Procedure for quashing of FIR No. 89 dated 21.03.2009 (Annexure P-1) under Sections 406 and 420 read with Section 34 of Indian Penal Code, registered at Police Station Sadar Hoshiarpur, District Hoshiarpur and all other consequential proceedings arising there from on the basis of compromise (Annexure P-2), having been entered between the parties. I have heard learned counsel for the parties and have gone through the record.

It has been stated by learned counsel for the parties that the present FIR is result of civil dispute between the parties and the same has since been settled and requisite money has been received by respondent No. 2.

Respondent No. 2-complainant also appeared in person with his counsel and filed reply by way of affidavit admitting the factum of compromise and stating that he is having no objection if the FIR and consequential proceedings qua present petitioners are quashed.

In appropriate cases FIR can be quashed on the basis of compromise by exercising power u/s 482 Cr.P.C., even if the offences are not compoundable. It was so held by Full Bench of this Court in the case of Kulwinder Singh v. State of Punjab, 2007 (3) RCR (Crl.) 1052. Since the parties have amicably settled the matter and compromise has been effected between them due to intervention of the respectable persons and relatives from both the sides, in the interest of harmonious relations between the parties, the present petition is allowed and the impugned FIR No. 89 dated 21.03.2009 (Annexure P-1) under Sections 406 and 420 read with Section 34 of Indian Penal Code, registered at Police Station Sadar Hoshiarpur, District Hoshiarpur alongwith all consequential proceedings qua present petitioners Ashok Kumar and Sunil Kumar is, hereby, quashed.