Dilbagh Singh and Another vs State of Punjab and Another

Inderjit Singh, J.—This petition has been filed u/s 482 Cr.P.C. praying for quashing of FIR No. 140 dated 8.12.2013 (Annexure-P.1) registered for the offences under Sections 307, 324, 341, 506 and 34 IPC at Police Station Balachaur, District S.B.S. Nagar and all subsequent proceedings arising therefrom in view of the compromise dated 18.12.2013 (Annexure-P.2). The FIR has been registered on the statement of complainant-Parvinder Singh that he was attacked by the petitioners with deadly weapons, who injured him and subsequently on raising Raula'', the uncle of the complainant reached at the spot and the petitioners ran away from the spot. The petitioners and respondent No. 2 are relatives. Now with the intervention of respectable persons of the locality, the matter has been amicably settled between the parties.

Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned Chief Judicial Magistrate, S.B.S. Nagar for getting their statements recorded in support of the compromise. After doing the needful, learned Chief Judicial Magistrate has sent his report dated 14.3.2014 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one. Complainant Parvinder Singh stated that the matter has been compromised and now they are residing amicably in the village. He has no objection, in case, the aforesaid FIR is quashed.

Learned Assistant Advocate General, Punjab, on instructions from the Investigating Officer and learned counsel for complainant-respondent No. 2 admit the factum of compromise and submit that in case the parties have indeed settled their dispute, the State would have no objection to the quashing of the FIR in view of the law laid down by the Hon''ble Supreme Court.

I have gone through the record and have heard learned counsel for the petitioners as well as learned Assistant Advocate General, Punjab and learned counsel for complainant-respondent No. 2.

In a decision, based on compromise, none of the parties is a loser. Rather, compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society. After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak. The Hon''ble Supreme Court in Gian Singh Vs. State of Punjab and Another, , has held that the inherent jurisdiction of this Court u/s 482 Cr.P.C. can be exercised to quash the proceedings in respect of criminal cases arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry etc. or the family disputes where the wrong is basically private or personnel in nature and the parties have resolved their entire dispute even though they are not compoundable. Therefore, keeping in view the fact that the matter has been amicably settled and the law laid down in Gian Singh v. State of Punjab and another (supra), this petition is allowed and FIR No. 140 dated 8.12.2013 (Annexure-P.1) registered for the offences under Sections 307, 324, 341, 506 and 34 IPC at Police Station Balachaur, District S.B.S. Nagar and all subsequent proceedings arising out of the same are hereby quashed.