Balbir Ram And Others vs State Of Punjab And Another

Archana Puri, J

The matter has been taken up through video conferencing in the light of the COVID-19 pandemic.

The petitioners have invoked inherent jurisdiction of this Court by way of filing petition under Section 482 Cr.P.C., thereby making prayer for quashing

of FIR No.0120 dated 20.10.2018, under Sections 324, 354-A, 148 and 149 IPC, registered at Police Station Mahilpur, District Hoshiarpur and all

subsequent proceedings arising therefrom, on the basis of compromise.

On 23.12.2020, notice of motion was issued and parties were directed to appear before the Illaqa Magistrate/Trial Court/Duty Magistrate and and get

their statements recorded with regard to arrival of compromise between them. The Trial Court was directed to record the statements of all the

concerned and send the report regarding genuineness of the compromise.

In compliance of the order dated 23.12.2020, learned Judicial Magistrate Ist Class, Garhshankar, has recorded the statements of the parties and

submitted his report, the relevant para whereof reads as under:-

“So, as per the statement suffered by the all accused and complainant they have compromised the matter, voluntarily, without any coercion or

undue influence and compromise is genuine one.â€​

After hearing the learned counsel for the parties and also going through the record of the case, this Court is of the considered opinion that it is a fit

case for exercising the inherent jurisdiction of this Court under Section 482 Cr.P.C., so as to secure the ends of justice, because the parties have

arrived at an settlement, out of the Court, by way of compromise. The compromise, so reached between the parties is voluntarily made without any

pressure or undue influence on the minds of any of the parties. Moreover, the parties are residents of same village and thus, arrival of the compromise

shall remove bitterness existing between them, on account of initiation of criminal proceedings and shall give quietus to the dispute between them.

In view of the same, the continuation of the criminal proceedings would be futile exercise resulting in sheer abuse of the process of law.

To so conclude, reliance is placed upon “Kulwinder Singh and others Vs. State of Punjab and anotherâ€, 2007(3) RCR (Criminal) 105,2 upheld by

Hon'ble Apex Court in “Gian Singh Vs. State of Punjab and othersâ€​, (2012) 10 SCC 303.

Considering the aforesaid fact situation of the case, coupled with the reasons aforementioned and to secure the ends of justice, FIR No.0120 dated

20.10.2018, under Sections 324, 354-A, 148 and 149 IPC, registered at Police Station Mahilpur, District Hoshiarpur and all the consequential

proceedings arising therefrom, are ordered to be quashed.

Accordingly, the present petition stands allowed.