Kashmir Singh and Another vs State of Punjab and Others

Rekha Mittal, J.—Through the present petition filed u/s 482 of the Code of Criminal Procedure (in short, ''the Code''), the petitioners have prayed for quashing of FIR No. 44 dated 21.06.2012 registered in Police Station Sadar, Malout, District Sri. Muktsar Sahib for offence under Sections 324 and 323 read with Section 34 of the Indian Penal Code and proceedings emanating therefrom on the basis of compromise arrived at between the parties.

Vide this Court''s order dated 19.09.2013, the parties were directed to appear before the trial Court to get their respective statements recorded. Simultaneously, the trial Court was also directed to submit its report with regard to genuineness of the compromise arrived at between the parties.

Now, in compliance thereto, a report from the Judicial Magistrate, Ist Class, Malout has been received and on reading thereof, it transpires that the parties have entered into compromise voluntarily without any pressure or coercion.

Counsel for the petitioners submits that in the occurrence, two persons, namely Samraj Singh son of Bohar Singh and Jaswinder Singh son of Joginder Singh sustained injures and both of them have recorded their statements before the Court below in regard to settlement between the parties.

Counsel for the State has conceded factual assertions that Samaraj Singh and Jaswinder Singh sustained injuries in the occurrence. He has also not disputed genuineness of the compromise arrived at between the parties in view of the report furnished by the trial Court.

A perusal of the allegations of the FIR in the instant case reveals that the present case squarely falls in that category of cases which can be quashed by the High Court, in exercise of its inherent power u/s 482 of the Code.

Keeping in view the authoritative enunciation of law laid down by Hon''ble the Supreme Court in Gian Singh Vs. State of Punjab and Another, and in the light of facts and circumstances of the present case coupled with genuineness of the compromise arrived at between the parties as reported by the trial Court, this Court is of the considered opinion that continuation of criminal proceedings would amount to abuse of process of law and it is expedient in the interest of justice that criminal proceedings are put to an end.

In this view of the matter, the petition is allowed and FIR No. 44 dated 21.06.2012 registered in Police Station Sadar, Malout, District Sri. Muktsar Sahib for offence under Sections 324 and 323 read with Section 34 of the Indian Penal Code and proceedings emanating therefrom stand quashed qua the petitioners.