Raj Kumar and Another vs State of Punjab and Another

Paramjeet Singh, J.—Present petition has been filed u/s 482 Cr.P.C. for quashing of FIR No. 65 dated 18.05.2005, under Sections 447,

511, 379 and 506 IPC, registered at Police Station Dakha, District Jagraon, on the basis of compromise (Annexure P-3). Learned counsel for the

petitioners has relied upon a judgment of this Court in the matter of Bhupinder Kaur vs. State of Punjab and another, 2004(2) RCR (Criminal) 443

to contend that there is no reasonable likelihood of the accused being convicted for the offence for the reason that the complainant has

compromised the matter with the accused and he is not likely to support the prosecution and from other facts and circumstances available on the

record, therefore, it would not be in the interest of justice to decline the prayer for quashing of the FIR on the ground that it would amount to be

permitting the parties to compound non-compoundable offence.

Learned counsel for respondent No. 2-complainant, who is present in Court today, state that the complainant would have no objection, if the

present FIR along with consequential proceedings, arising out of it, are quashed.

In compliance of order dated 04.09.2012 passed by this court, report from the trial Court regarding genuineness of the compromise has been

received.

Consequently, in view of compromise (Annexure P-3) and keeping in view the law laid down by the Hon''ble Apex Court in the case of Madan

Mohan Abbot vs. State of Punjab, 2008(2) RCR (Cri) 429, which has been affirmed by a Larger Bench of the Hon''ble Supreme Court in Gian

Singh vs. State of Punjab and another, 2012(4) R.C.R. (Criminal) 543, by the Full Bench judgment of this Court in the case of Kulwinder Singh

and others vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052, and judgment of this Court in Bhupinder Kaur''s case (supra) no useful

purpose would be served in prolonging the litigation, especially when this case does not fall within the category of exceptional cases where this

Court should not exercise its inherent jurisdictional powers to quash the criminal proceedings, as held in Gian Singh''s case (supra). In the facts and

circumstances of this case, it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of the

criminal proceedings would amount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and to

secure the ends of justice, therefore, it is appropriate that criminal case is put to an end. Present petition is allowed. FIR No. 65 dated

18.05.2005, under Sections 447, 511, 379 and 506 IPC, registered at Police Station Dakha, District Jagraon, is hereby quashed and all the

criminal proceedings arising out of the said FIR also stand quashed.