Bramial Dass and Another vs State of Punjab and Another

Naresh Kumar Sanghi, J.—This is a petition for quashing of FIR No. 318 dated 29.07.2010, under Sections 323, 452 and 506 read with Section 34, IPC registered at Police Station Civil Lines, Amritsar, and all the subsequent proceedings arising therefrom, on the basis of compromise (Annexure P-2). Vide order dated 04.09.2012, this Court had directed the parties to appear before the learned trial court on 13.09.2012 for getting their statements with regard to the compromise recorded. The learned trial court was also directed to send a status report in that regard.

In compliance thereof, the petitioners as well as respondent No. 2-Akhtar Babli did appear before the learned court below and got recorded their respective statements with regard to the compromise. Akhtar Babli-respondent No. 2 stated that she had compromised the matter with the petitioners with her free consent and she had signed and thump marked the compromise deed after completely understanding the contents. She further stated that she did not want to proceed with the impugned FIR. She also stated that she had no objection if the impugned FIR was quashed. Similar statements were suffered by petitioners-Bramial Dass and Romial Dass. The report received from the learned Judicial Magistrate Ist Class, Amritsar reveals that the compromise effected between the parties was without any pressure or coercion. The sole purpose of the parties for effecting compromise was to live in peace and harmony.

Learned counsel for respondent No. 2/complainant admits the factum of compromise and has no objection if the impugned FIR and all the consequential proceedings arising therefrom, are quashed.

Learned State counsel, on instructions from ASI Vijay Kumar, Police Station, Civil Lines, Amritsar, admits the factum of compromise. Learned State counsel, after going through the statements and the status report, sent by learned Judicial Magistrate Ist Class, Amritsar, submits that he has no objection if the impugned FIR and all the consequential proceedings arising therefrom, are quashed.

Heard.

The petitioners have been booked for the offences punishable under Sections 323, 452 and 506 read with Section 34, IPC and due to intervention of the respectable and the family friends, the private parties have resolved their disputes and effected a compromise. The statement of Akhtar Babli-respondent No. 2/complainant as well as of the petitioners have already been recorded with regard to the compromise by the learned trial court under the directions of this Court. The report received from the learned Judicial Magistrate Ist Class, Amritsar, reveals that the compromise effected between the parties was without any pressure or coercion. Learned counsel representing respondent No. 2/complainant has also admitted the factum of compromise and has no objection if the impugned FIR and all the consequential proceedings arising therefrom, are quashed. Since the matter has amicably been settled, the continuation of the trial would be a sheer abuse of the process of law and the chances of ultimate conviction of the petitioners are bleak. Keeping in view the factum of compromise and the ratio of the judgment delivered by a Five Judge Bench of this Court in "Kulwinder Singh and others Vs. State of Punjab and another", 2007 (3) RCR (Criminal) 1052, the present petition is allowed and FIR No. 318 dated 29.07.2010, under Sections 323, 452 and 506 read with Section 34, IPC registered at Police Station, Civil Lines, Amritsar, and the consequential proceedings arising therefrom are hereby quashed.