Malwinder Singh vs State of Punjab and Another

Anita Chaudhry, J.—The instant petition is for quashing of FIR No. 221 dated 9.10.2013 registered under Sections 279, 337, 338 and 427 IPC, at Police Station Salem Tabri, District Ludhiana City, and all the consequent proceedings arising out of the same, on the basis of compromise arrived at between the parties.

Vide order dated 19.03.2014, parties were directed to appear before the Illaqa Magistrate for recording their statements in support of the compromise. The Illaqa Magistrate was also directed to send its report regarding the genuineness of the compromise.

Learned Illaqa Magistrate has sent its report dated 16.05.2014 submitting that the compromise arrived at between the parties is without any pressure or coercion and the same is genuine one.

Learned counsel for the State on instructions from the Investigating Officer and learned counsel for respondent No. 2 admit the factum of compromise and submit that the matter has been compromised between the parties and they 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 parties.

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.

No useful purpose would be served to keep the FIR pending.

In view of the statements and report of the Illaqa Magistrate and the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007 (3) RCR (Criminal) 1052, approved by Hon''ble Apex Court in Gian Singh Vs. State of Punjab and Another, , the instant petition is allowed and the aforesaid FIR and all consequent proceedings conducted on the basis thereof for offence under Sections 279, 337, 338 and 427 IPC, are quashed.

Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below.