Pawandeep Singh and Another vs State of Punjab and Another

Inderjit Singh, J.—This petition has been filed u/s 482 Cr.P.C. praying for quashing of FIR No. 154 dated 18.10.2012 (Annexure-P. 1) registered for the offences under Sections 323, 324, 148 and 149 IPC and Sections 325 and 326 IPC, which were added later on, at Police Station Kharar, District Mohali and all subsequent proceedings arising therefrom in view of the compromise dated 21.2.2014 (Annexure-P. 2).

The FIR has been registered on the statement of complainant-Mukesh Kumar on the allegation that the petitioners inflicted injuries to the complainant with their respective weapons. On hearing his alarm, when the Security Guard tried to rescue him, 3-4 boys, who were sitting in Innova car, threatened him. Now with the intervention of respectables of the locality and relatives, the matter has been amicably compromised between the parties and the entire matter has been settled and no ill-will remains.

Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned Chief Judicial Magistrate, Mohali for getting their statements recorded in support of the compromise. After doing the needful, learned Chief Judicial Magistrate has sent his report dated 14.5.2014 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 Mukesh Kumar has stated that he has effected compromise with the accused voluntarily, without any pressure from any quarter and he has no objection if the FIR is quashed.

Learned Assistant Advocate General, Punjab, on instructions from the Investigating Officer and learned counsel for complainant-respondent No. 2 admit the factum of compromise and submit 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 and learned counsel for complainant-respondent No. 2.

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 CrP.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. 154 dated 18.10.2012 (Annexure-P. 1) registered for the offences under Sections 323, 324, 148 and 149 IPC and Sections 325 and 326 IPC, which were added later on, at Police Station Kharar, District Mohali and all subsequent proceedings arising out of the same are hereby quashed.