Munish Kumar Bansal vs State Of Punjab And Another

Suvir Sehgal, J

The Court has been convened through video conferencing due to Covid-19 pandemic.

The instant petition has been filed for quashing of FIR No.158 dated 05.06.2020 (Annexure P-1) registered under Sections 307, 325, 341, 34 of Indian

Penal Code, 1860 at Police Station City Sunam, District Sangrur, on the basis of compromise, dated 09.07.2020 arrived at between the parties

alongwith all subsequent proceedings arising therefrom.

Counsel for the petitioner has taken the Court through the opinion of the Doctor, Anexure P-2 to submit that the injuries suffered by the complainant

have been declared to be grevious in nature and the offence under Section 307 of IPC is not made out.

Vide order dated 09.09.2020, the parties were directed to appear before the Illaqa Magistrate/trial Court to get their statements recorded regarding the

compromise and a report was called for from the Court.

After recording the statements of the accused-petitioner and complainant-private respondents, the Sub-Divisional Judicial Magistrate, Sunam has

reported that the compromise in question is genuine, voluntary and without any coercion or undue influence. The court has further reported that none

of the accused have been declared as Proclaimed Offender and no other criminal case is pending against the accused.

Hon'ble Supreme Court in Gian Singh Versus State of Punjab and another, 2012(4) RCR (Criminal) 543 has held that the High Court has wide power

under Section 482 of the Code of Criminal Procedure to quash an FIR or complaint having predominantly civil flavour or involving matrimonial

offences and family disputes wherein the wrong is basically private or personal in nature and the parties have resolved their entire dispute. The

Hon'ble Full Bench of this Court in case Kulwinder Singh vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052 and Hon'ble

Division Bench of this Court in case Sube Singh and another vs. State of Haryana and another, 2013(4) RCR (Criminal) 102 held that compounding of

offence can be allowed even after conviction, during pendency of the appeal and even in cases involving noncompoundable offences.

Counsel for the parties are also AD IDEM that in view of the settlement of the dispute between the parties, the present petition deserves to be

accepted. In view of the above, no purpose will be served in continuing with the criminal proceedings.

Accordingly, the petition is allowed. FIR No.158 dated 05.06.2020 (Annexure P-1) registered under Sections 307, 325, 341, 34 of Indian Penal Code,

1860 at Police Station City Sunam, District Sangrur and all the consequent proceedings arising therefrom, are quashed qua the petitioner.