Gurmej Singh vs State of Punjab

Inderjit Singh

This petition has been filed u/s 482 CrP.C. praying for quashing of FIR No. 27 dated 26.4.2010 (Annexure-P. 1) registered for the offences under Sections 323, 324 and 34 IPC and Section 326 IPC, which was added later on, at Police Station Old Shalley, District Gurdaspur and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P. 2).

The FIR has been registered on the statement of complainant-Ram Nath on the allegations that the accused-petitioners attacked him and his brother and caused injuries with their respective weapons when they were harvesting their standing wheat crops and the accused restrained them from harvesting the same. Now with intervention of respectable persons of the area, the matter has been amicably compromised between the parties and respondents No. 2 and 3 have no grievance against the petitioners and they do not want to pursue the present FIR.

Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned the trial Court for getting their statements recorded in support of the compromise. After doing the needful, learned Judicial Magistrate 1st Class, Gurdaspur has sent his report dated 28.5.2014 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-Ram Nath and Amar Nath have stated that the compromise arrived at between the parties is with free consent and without any pressure from any corner, therefore, they do not want to prosecute the accused and have no objection if the FIR is quashed.

Learned Assistant Advocate General, Punjab, on instructions from the Investigating Officer and learned counsel for complainant-respondents No. 2 and 3 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-respondents No. 2 and 3.

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. 27 dated 26.4.2010 (Annexure-P. 1) registered for the offences under Sections 323, 324 and 34 IPC and Section 326 IPC, which was added later on, at Police Station Old Shalley, District Gurdaspur and all subsequent proceedings arising out of the same are hereby quashed.