Dharmpal Bajaj and Others vs State of Punjab and Another

H.S.Bhalla, J.—The petitioners have knocked the door of this court u/s 482 of the Code of Criminal Procedure by virtue of which, they

have prayed for quashing of FIR No. 140 dated 5.8.2004 under Sections 406/420 and 120B of the Indian Penal Code, registered at Police

Station City Kapurthala and subsequent proceedings arising there from on the basis of compromise (Annexure P2) arrived at between the parties.

I have heard learned counsel for the parties and have gone through the record of the case.

Learned counsel for the parties have stated at the Bar that the dispute reported vide the aforesaid FIR has been settled amicably between the

parties and a copy of compromise duly executed by the parties has been placed on record as Annexure P2. Learned counsel further stated that

pursuant to the compromise, complainant-respondent No.2 has no objection if the FIR in question and subsequent proceedings taken thereon are

quashed.

Since the matter has been compromised between the parties amicably; the complainant does not have any claim against the petitioners and he

does not wish to pursue his criminal complaint arising out of the FIR against the petitioners, in such circumstances, it would be a futile exercise if the

criminal proceedings are allowed to be continued between the parties. Even if the case is tried by a competent court of law, respondent No.2 is

not likely to support the case of the prosecution.

To my mind, it is a fit case, where the court must exercise its inherent power to quash the proceedings as well as the First Information Report

and Section 321 of the Indian Penal Code does not limit or affect the powers of the High Court u/s 482 of the Code of Criminal Procedure since

every order is required to be passed in the interest of the parties as well as in the interest of justice.

Considering the facts and circumstances of the instant case, I am of the view that it would not be in the interest of justice to continue with the

proceedings against the petitioners in respect of FIR No. 140 dated 15.8.2004 under Sections 406/420 and 120B of the Indian Penal Code,

registered at Police Station City, Kapurthala and subsequent proceedings arising there from on the basis of compromise (Annexure P2) arrived at

between the parties.

In the final analysis, there is no other option but to allow this petition and the FIR in question and also the subsequent proceedings taken thereon,

are hereby quashed. Compromise deed (Annexure P2) shall form a part of this order.