Daljit Singh vs State of Punjab and Another

Nirmaljit Kaur, J.—Application is allowed and the affidavit of complainant is taken on record.

Main case

This is a petition u/s 482 Cr.P.C. for quashing of FIR No. 211 dated 31.12.2008 under Sections 420 of Indian Penal Code, P.S. City Ferozepur, District Ferozepur registered against the petitioner on the basis of the compromise having been arrived at between the parties. Affidavit of the complainant stating therein that a compromise has been effected between the complainant and petitioner has been filed vide aforesaid criminal miscellaneous. A separate statement of the complainant to the same effect has also been got recorded in the Court.

Brief facts of the case are that the petitioner got married to daughter of one Surinder Kumar resident of Sadhu Chand Chowk, Ferozepur City. The complainant was neighbour of petitioner''s father-in-law. The complainant party was restraining the petitioner''s family members from constructing the wall and were using coercive methods and were continuously harassing the petitioner and his family members. On the evening of 11.05.2007, at around 8.00 pm. Jatinder Nichal, Amit Nischal, Chinu Nischal and one Gurpreet Singh who were armed with weapons entered the petitioner''s house and attacked at petitioner and his family members. The petitioner''s father-in-law lodged a complaint dated 28.05.2007 against the above said persons.

The Full Bench of this Court in the case of Kulwinder Singh and Ors. v. State of Punjab and Anr. 2007(3) RCR (Criminal) 1052 has observed 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 u/s 482 of the Cr.P.C. is used to enhance such a compromise which, in turn, enhances the social amity and reduced 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 exercising its power u/s 482 of the Cr.P.C in the event of a compromise, but this is not to say power is limited to such cases. There can never be any such rigid rules to prescribe the exercise of such power.

The Apex Court in the case of Madan Mohan Abbot Vs. State of Punjab, emphasised in para No. 6 as follows:

We need to emphasize that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the Court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the Courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.

The parties are neighbours of each other. Now, the compromise has been arrived at between the parties. The said compromise has been arrived at between the parties without any pressure. The complainant has no objection if the said FIR is quashed.

Taking into account the allegations, affidavit as well as the statement of the complainant and the parties being neighbours of each other, there is no impediment in the way of this Court to quash the present FIR and subsequent proceedings arising out of the same.

Thus, it would be in the interest of justice to quash FIR No. 211 dated 31.12.2008 under Sections 420 of Indian Penal Code, P.S. City Ferozepur, District Ferozepur as well as further proceedings arising out of the same for keeping peace, harmony as well as to reduce friction in the society.

Accordingly, the aforesaid FIR and further proceedings arising out of the same are hereby quashed.

Allowed in the aforesaid terms.

Statement of Jatinder Nischal son of Shri Gurdas resident of Dr. Sadhu Chand Chowk, Ferozepur City, Ferozepur

FIR No. 211 dated 31.12.2008 under Sections 420 of Indian Penal Code, P.S. City Ferozepur, District Ferozepur was got registered by me against the present petitioner. Now, with the intervention of the respectable of the village, the matter has been compromised. I have entered into the said compromise out of my own free will and without any pressure. I have no objection if the said FIR and subsequent proceedings arising out of the same are quashed.