Ram Pal and Another vs State of Punjab and Others

Naresh Kumar Sanghi, J.—Prayer in this petition is for quashing of FIR No. 48, dated 28.3.2008, under Sections 323, 341 and 452 read with Section 34, IPC, registered at Police Station, Nehianwala, District Bathinda, and all the consequential proceedings arising therefrom, on the basis of compromise. Vide order dated 17.7.2012, this Court had directed the affected parties to appear on 30.7.2012 before the learned Trial Court, for getting their respective statements recorded with regard to the compromise. The said Court was also directed to submit its report on or before the date fixed by this Court.

In compliance of the above, petitioner Nos. 1 and 2, namely, Ram Pal and Surjit Kaur, as well as respondent Nos. 2 to 4, namely, Rekha Rani; Kartar Kaur; and Sunita, did appear before the learned Trial Court and got recorded their statements with regard to the compromise.

The report has also been received. Perusal of the same reveals that the learned Judicial Magistrate Ist Class, Bathinda, personally verified from the parties regarding the validity of the compromise and found that both the parties had compromised the dispute with their free consent, sweet-will and without any pressure, coercion and undue influence etc. The report further reveals that the parties were free and competent to compromise the matter in all means and respect.

Learned counsel for respondent Nos. 2 to 4 has admitted the factum of the compromise and has no objection if the impugned FIR and the consequential proceedings arising therefrom are quashed. He also admits that the statements of the injured were recorded by the learned Trial Court with regard to the compromise.

Learned counsel for the State after perusing the report submitted by the learned Judicial Magistrate Ist Class, Bathinda, as well as the statements suffered by the private parties, has no objection if the impugned FIR and the consequential proceedings arising therefrom are quashed.

Heard.

The petitioners have been booked for having committed the offences punishable under Sections 323, 341 and 452 read with Section 34, IPC. All the offences except punishable u/s 452, IPC, are compoundable. The private parties have resolved their dispute and amicably effected the compromise. The learned Judicial Magistrate Ist Class, Bathinda, has recorded the statements suffered by the private parties with regard to the compromise with their free will and consent. The report has also been received in that regard. The pendency of the FIR and the consequential proceedings arising therefrom would be sheer abuse of the process of law since chances of conviction are bleak. Keeping in view the factum of the compromise effected between the private parties and the law laid down by a 5-Judges Bench of this Court in the case of Kulwinder Singh and others v. State of Punjab and another, 2007 (3) RCR (Cri) 1052 (P&H), this petition is accepted and FIR No. 48, dated 28.3.2008, under Sections 323, 341 and 452 read with Section 34, IPC, registered at Police Station, Nehianwala, District Bathinda, and the consequential proceedings arising therefrom, are hereby quashed.