Bhim Sain and others vs State of Punjab and another

Petitioners - Bhim Sain and others have brought the instant

petition under Section 482 Cr.P.C. for quashing of FIR No. 112 dated

30.9.2013, for offences under Sections 324, 323, 34 IPC, registered at

Police Station Sadar Abohar, District Fazilka, against them,

alongwith consequential proceedings arising therefrom, on the basis

of compromise, stated to have been effected between them and

complainant Raj Kumar - arrayed as respondent No.2.

When the petition came up for hearing on 10.7.2017, notice

of motion was ordered to be issued. The respondent No. 1 - State of

Punjab through State counsel, whereas respondent No.2 through Mr.

Ankush Kamboj, Advocate, had put in appearance. Then in light of

the contention that parties have since effected compromise, they were

directed to put in appearance before the Illaqa Magistrate/trial Court

to get their statements recorded with regard to compromise and the

Illaqa Magistrate/trial Court was directed to send a report to this

Court.

Report has been received from Judicial Magistrate Ist Class,

Abohar, in terms of which complainant Raj Kumar and accused,

namely,Bhim Sain, Mahinder Kumar and Shankar Lal, had appeared

there and their statements were recorded, wherein they have admitted

to have entered into a voluntary compromise, with free will, without

any pressure, coercion or undue influence. Further complainant has

stated that he has no objection if the FIR in question is quashed by

this Court. There is nothing on record to doubt the genuineness of

the compromise so arrived at between the parties. Alongwith the

report copies of statements of the complainant and all the accused,

have been annexed.

I have heard learned counsel for the petitioners, learned

State counsel, learned counsel for respondent No.2, besides going

through the record.

Keeping in view the fact that the dispute between the

parties has been resolved amicably, which appears to have been

arrived at between them voluntarily without any threat or coercion

and in terms of ratio of the authority reported as Kulwinder Singh

and others vs. State of Punjab and others 2007 (3) RCR (Criminal)

1052, where in para 28, it has been held as under :-

"The compromise, in a modern society, is the sine

qua non of harmony and orderly behaviour. It is the

soul of justice and if the power under Section 482

of the Cr.P.C. is used to enhance such a

compromise which, in turn, enhances the social

amity and reduces friction, then it truly is "finest

hour of justice". Disputes which have their genesis

in a matrimonial discord, landlord-tenant matters,

commercial transactions and other such matters can

safely be dealt with by the Court by exercising its

powers under Section 482 of the Cr.P.C. in the

event of a compromise, but this is not to say that

the power is limited to such cases. There can never

be any such rigid rule to prescribe the exercise of

such power, especially in the absence of any

premonitions to forecast and predict eventualities

which the cause of justice may throw up during the

course of a litigation."

The compromise is in interest of peace and tranquility in the society

and for such like reasons this Court can quash the FIR and ancillary

proceedings exercising power under Section 482 Cr.P.C., it appears

to be a fit case to exercise such powers.

Accordingly, the petition is allowed and the abovesaid FIR

alongwith ancillary proceedings are hereby quashed.