Manoj Kumar and Another vs The State of Punjab and Another

L.N. Mittal, J.—Manoj Kumar and Shiv Kumar have filed the instant petition u/s 482 of the Code of Criminal Procedure (in short ''Cr.P.C.'') for quashing the FIR No.109 dated 22.12.2009 under Sections 406 and 420 IPC registered at Police Station Mulepur, District Fatehgarh Sahib (Annexure P-1) in view of the compromise (Annexure P-2) effected with respondent No.2 - complainant who has also furnished affidavits (Annexures P-3 & P-4) regarding the compromise.

Learned counsel for respondent No.2 complainant states that respondent No.2 has effected compromise (Annexure P-2) with the petitionres and has also furnished affidavits (Annexures P-3 & P-4) regarding the compromise and therefore respondent No.2 has no objection to the quashing of the FIR.

Pursuant to the order of the preceding date, report has been received from the trial Court that parties have amicably settled the matter. Statements of both petitioners and respondent No.2 recorded by the trial Court have also been received.

I have heard learned counsel for the parties and perused the case file.

In appropriate cases, FIR can be quashed on the basis of compromise by exercising power u/s 482 Cr.P.C. even if the offences are not compoundable. It was so held by Full Bench of this Court in the case of Kulwinder Singh and Others v. State of Punjab and Others 2007(3) R.C.R. (Criminal) 1052.

In the instant case, the claim of respondent No.2 - complainant has been satisfied by paying him Rs.25,000/-and now he is left with no grievance against the petitioners. Accordingly, it is a fit case in which the FIR should be quashed.

For the reasons aforesaid, the instant petition is allowed and the impugned FIR No.109 dated 22.12.2009 under Sections 406 and 420 IPC registered at Police Station Mulepur, District Fatehgarh Sahib (Annexure P-1) is quashed qua petitioners along with all consequential proceedings arising therefrom.