Baljit Kumar and Others vs State of Punjab and Others

Inderjit Singh, J.—This petition has been filed u/s 482 Cr.P.C. praying for quashing of FIR No. 61 dated 25.6.2013 (Annexure-P.1) registered for the offences under Sections 452, 324, 323, 379, 148 and 149 IPC and u/s 326 IPC, which was added later on, at Police Station Sadar Gurdaspur, District Gurdaspur and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2).

The FIR has been registered on the statement of complainant-Balwinder Pal on the allegations that the petitioners armed with deadly weapons came and raised ''Lalkara'' that to catch hold of the complainant and Harjit Kumar, who were talking, and they should not be spared. Thereafter, an Innova car in which 4/5 young persons were there having base ball came towards them. The complainant and respondent No. 3 ran away towards their house for saving their life. The accused entered in the house while chasing them and they inflicted injuries with their respective weapons. The complainant fell down and when Harjit Kumar came forward to save him, then Mukesh Kumar gave baseball blow upon him which hit on his head and he also fell down on the ground. Then 4/5 unidentified persons, who were having baseball and hockey''s, started beating them. Now with the intervention of respectable persons, the matter has been compromised between the parties as both the parties are residents of the same village.

Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned Chief Judicial Magistrate, Gurdaspur for getting their statements recorded in support of the compromise. After doing the needful, learned Chief Judicial Magistrate has sent his report dated 2.5.2014 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one. Complainant Balwinder Pal and injured Harjit Kumar have stated that the matter has been compromised and now they do not want to pursue with the present case. They have suffered this statement without any pressure or coercion. They have no objection if the present FIR is quashed.

Learned Assistant Advocate General, Punjab, on instructions from the Investigating Officer admits the factum of compromise and submits that if the parties have indeed settled their dispute, the State would have no objection to the quashing of the FIR in view of the law laid down by the Hon''ble Supreme Court.

I have gone through the record and have heard learned counsel for the petitioners as well as learned Assistant Advocate General, Punjab.

In a decision, based on compromise, none of the parties is a loser. Rather, compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society. After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.

The Hon''ble Supreme Court in Gian Singh Vs. State of Punjab and Another, , has held that the inherent jurisdiction of this Court u/s 482 Cr.P.C. can be exercised to quash the proceedings in respect of criminal cases arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry etc. or the family disputes where the wrong is basically private or personnel in nature and the parties have resolved their entire dispute even though they are not compoundable. Therefore, keeping in view the fact that the dispute has been amicably settled and the law laid down in Gian Singh v. State of Punjab and another (supra), this petition is allowed and FIR No. 61 dated 25.6.2013 (Annexure-P.1) registered for the offences under Sections 452, 324, 323, 379, 148 and 149 IPC and u/s 326 IPC, which was added later on, at Police Station Sadar Gurdaspur, District Gurdaspur and all subsequent proceedings arising out of the same are hereby quashed.