Deepak vs State of Punjab and Another

Nawab Singh, J.—By this petition u/s 482 of Code of Criminal Procedure, the Petitioner seeks quashing of First Information Report (for short ''FIR) No. 52 dated May 7th, 2009 (Annexure P-1), registered under Sections 294, 420, 467, 468 and 506 read with Section 120-B of Indian Penal Code (for short ''IPC''), Police Station Division No. 8, Ludhiana on the basis of compromise (Annexure P/2) entered into between the parties.

The allegations, in brief, against the Petitioner were that he hurled abuses to Nishant Gupta - complainant on his mobile phone and threatened him with dire consequences. Nishant Gupta is present in person with his counsel. He has also filed affidavit (Annexure P/3) dated April 21st, 2011 stating that with the intervention of respectables and friends, he has compromised the matter with the Petitioner. Compromise-deed (Annexure P-2) has been placed on record.

The offences, for which the Petitioner is facing trial, are non-compoundable. Notwithstanding that, there can not be any embargo in allowing the parties to compromise the matter in view of the law laid down by the Five Judge Bench''s decision of this Court rendered in Kulwinder Singh and Ors. v. State of Punjab and Anr. 2007 (3) RCR 1052.

In view of above, petition is accepted. Consequently, FIR No. 52 dated May 7th, 2009 (Annexure P-1), registered under Sections 294, 420, 467, 468 and 506 read with Section 120-B IPC, Police Station -Division No. 8, Ludhiana and subsequent proceedings arising there from, are hereby quashed.