Laddi and Others vs State of Punjab and Another

Inderjit Singh, J.—The petitioners have filed this petition u/s 482 Cr.P.C. praying for quashing of FIR No. 142 dated 31.12.2013 (Annexure-P. 1) registered for the offences under Sections 452, 380, 323, 148 and 149 IPC at Police Station Behrampur, 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-Hazoor alleging that the accused-petitioners had inflicted injuries to the complainant by coming to his place of residence as he had solemnized marriage with Billo daughter of Kasam. Now with the intervention of the respectable persons and common friends, the matter has been compromised between the parties and the complainant has no objection if the aforesaid FIR is quashed.

Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned Chief Judicial Magistrate, Gurdaspur for getting their statements recorded in support of the compromise. After doing the needful, learned Chief Judicial Magistrate 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-Hazoor has stated that he does not want to pursue with the present case. He has suffered this statement without any pressure or coercion and has no objection if the above said FIR is quashed.

Learned Assistant Advocate General, Punjab, on instructions from the Investigating Officer admits the factum of compromise and submits 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.

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. 142 dated 31.12.2013 (Annexure-P. 1) registered for the offences under Sections 452, 380, 323, 148 and 149 IPC at Police Station Behrampur, District Gurdaspur and all subsequent proceedings arising out of the same are hereby quashed.