Latif and Others 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, ''Cr.P.C.''), the petitioners have prayed for quashing of FIR No. 89 dated 05.10.2012 registered in Police Station Bhaini Mian Khan, District Gurdaspur for offence punishable under Sections 363 and 366 of the Indian Penal Code (Annexure P1) and proceedings emanating therefrom, on the basis of compromise arrived at between the parties.

Vide this Court''s order dated 13.11.2013, 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 has been received from the Judicial Magistrate Ist Class, Gurdaspur stating therein that the parties suffered their statements voluntarily before as they have compromised their dispute with the intervention of respectable of locality and family members. No other criminal case is reportedly pending between the parties. Statements suffered by respondents No. 2 and 3 before the trial Court admitting the factum of matter being compromise amicably are also appended with the report of the trial Court.

Counsel for the State of Punjab has not disputed genuineness of the compromise arrived at between the parties in view of the report furnished by the trial Court. He also submits that challan has not been presented in the matter.

Respondents No. 2 and 3 are not present in Court to contest the averments.

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. 89 dated 05.10.2012 registered in Police Station Bhaini Mian Khan, District Gurdaspur for offence punishable under Sections 363 and 366 of the Indian Penal Code (Annexure P1) and proceedings emanating therefrom stand quashed qua the petitioners.