Hardeep Singh And Ors vs State Of Punjab And Another

Suvir Sehgal, J

The Court has been convened through video conferencing due to Covid-19 pandemic.

The instant petition has been filed under Section 482 of Cr.P.C. for quashing of FIR No.139 dated 29.07.2018 registered under Sections 420 and 120-

B IPC, 1860, at Police Station City Dhuri, District Sangrur, Annexure P-1, on the basis of compromise dated 06.07.2020, Annexure P-2, arrived at

between the parties, alongwith all subsequent proceedings arising therefrom.

Vide order dated 17.11.2020, the parties were directed to appear before the Illaqa Magistrate/trial Court to get their statements recorded regarding the

compromise and a report was called for from the Court.

After recording the statements of the accused-petitioners and complainant-private respondent, the Sub Divisional Judicial Magistrate, Dhuri, has

reported that the compromise in question is genuine, voluntary and without any coercion or undue influence. The Court has further reported that none

of the petitioners have been declared as Proclaimed Offender, however, there are two other cases pending against the accused-petitioners.

Counsel for the petitioners submits that petitions for quashing of FIRs on the basis of compromise in both the cases have also been filed and the same

are also listed for hearing today itself before this Court.

Supreme Court in Gian Singh Versus State of Punjab and another, 2012(4) RCR (Criminal) 543 has held that the High Court has wide power under

Section 482 of the Code of Criminal Procedure to quash an FIR or complaint having predominantly civil flavour or involving matrimonial offences and

family disputes wherein the wrong is basically private or personal in nature and the parties have resolved their entire dispute. The Full Bench of this

Court in case Kulwinder Singh vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052 and Division Bench of this Court in case Sube Singh

and another vs. State of Haryana and another, 2013(4) RCR (Criminal) 102 held that compounding of offence can be allowed even after conviction,

during pendency of the appeal and even in cases involving non-compoundable offences.

Counsel for the parties are also ad idem that in view of the settlement of the dispute between the parties, the present petition deserves to be accepted.

In view of the above, no purpose will be served in continuing with the criminal proceedings.

Accordingly, the petition is allowed. FIR No.139 dated 29.07.2018 registered under Sections 420 and 120-B IPC, 1860, at Police Station City Dhuri,

District Sangrur, Annexure P-1, and all the consequent proceedings arising therefrom, are quashed qua the petitioners.