Ashok Kumar and Others vs State of Punjab and Others

Paramjeet Singh, J.—Present petition has been filed u/s 482 Cr.P.C. for quashing of FIR No. 205 dated 15.9.2012, registered at Police Station Chherretta, District Amritsar City under Sections 363, 366, 120-B IPC along with consequential proceedings, arising out of it on the basis of compromise. Learned Counsel for the petitioners states that the case is pending till date and no conviction has been recorded so far.

The complainant-respondent has sworn an affidavit dated 8.3.2013 (Annexure P-2) in support of the compromise. In the affidavit, the complainant has admitted the factum of compromise.

Furthermore, this Court, while issuing notice of motion vide order dated 15.3.2013, had directed the trial court to record the statements of the concerned parties with regard to the genuineness and validity or otherwise of the compromise (Annexure P-2). In deference thereto, the trial court vide its report No. 78 dated 9.5.2013, transmitted through the District & Sessions Judge, Amritsar, has vouchsafed about the genuineness of the compromise after recording the statements of all concerned parties.

Learned Counsel for the petitioner further submits that the petitioner has solemnized marriage with Pinky, daughter of the complainant, and both of them are residing together happily as husband and wife; conviction of the petitioner will jeopardize their marriage.

Consequently, in view of the above and keeping in view the law laid down by the Hon''ble Apex Court in the case of Madan Mohan Abbot Vs. State of Punjab, , which has been affirmed by a Larger Bench of the Hon''ble Supreme Court in Gian Singh Vs. State of Punjab and Another, , by the Full Bench judgment of this Court in the case Kulwinder Singh and Others Vs. State of Punjab and Another, , no useful purpose would be served in prolonging the litigation, especially when this case does not fall within the category of exceptional cases where this Court should not exercise its inherent jurisdictional power to quash the criminal proceedings, as held in Gian Singh''s case (supra). In the facts and circumstances of this case it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of the criminal proceedings would amount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and to secure the ends of justice, therefore, it is appropriate that criminal case is put to an end.

Present petition is allowed. FIR No. 205 dated 15.9.2012, registered at Police Station Chherretta, District Amritsar City under Sections 363, 366, 120-B IPC which was added later on, is hereby quashed and all the criminal proceedings arising out of the said FIR also stand quashed. It is, however, made clear that if the petitioners stand convicted in the aforesaid FIR, this order shall be treated as non-est and will have no bearing on order of conviction and sentence passed therein.