Rampal and Others vs State of Punjab and Others

Tej Pratap Singh Mann, J.—Prayer made in the present petition u/s 482 Cr.P.C. is for quashing of FIR No. 12 dated 20.1.2012 registered

at Police Station Gidderbaha, District Muktsar, under Sections 419 /420 /467 /468 /120-B IPC on the ground that at the intervention of the

relatives of both the parties, the petitioners, on the one hand, and respondents No. 2 to 5, on the other, have arrived at a compromise. On the last

date of hearing, the Court had directed the parties to present themselves before the Ilaqa Magistrate on 12.4.2013 for recording their statements

with regard to the compromise. The Ilaqa Magistrate was directed to record the statements of both the parties to its satisfaction to know about the

genuineness of the compromise or the statements being made were not the result of any pressure or coercion in any manner. The Ilaqa Magistrate

was further directed to send the report alongwith the statements of the parties with regard to the validity or otherwise of the compromise effected

between them and also intimate whether any other case was pending against either of the parties or not.

Pursuant to the directions contained in the earlier order, the parties appeared before the Sub Divisional Judicial Magistrate, Gidderbaha on

12.4.2013. Joint statement of respondents No. 2 to 5 was recorded wherein they stated that with the intervention of the respectables of the village,

they had effected compromise with the petitioners. No more grievance was left against any of the accused. The compromise was entered into

between the parties for improving their relations in future and for the benefit of both the parties. They further stated that they had effected

compromise with their own free will and without any pressure of any kind. Similarly, the petitioners also made joint statements wherein they stated

that they had heard the statements made by respondents No. 2 to 5 which were true and correct. They also stated that they had entered into a

compromise with the private respondents at the intervention of respectables of the village and the Panchayat. Further, the compromise was in the

best interest of the parties. The petitioners also undertook to maintain cordial relations with the complainant party in future.

In his report, which has been forwarded by the District and Sessions Judge, Sri Muktsar Sahib to this Court, Sub Divisional Judicial Magistrate,

Gidderbaha, after mentioning about the joint statements of the parties, observed that the parties had effected compromise of their own free will and

without any pressure or coercion in any manner. The same was for the benefit of both the parties. Also, as per the report of the Ahlmad, no other

case of the parties was pending in the Court.

It is true that most of the offences alleged against the petitioners are non-compoundable but keeping in view the fact that the parties have

amicably resolved their differences by entering into a compromise, it would be apt to quash the FIR registered against the petitioners. Resultantly,

the petition is accepted, FIR No. 12 dated 20.1.2012 registered at Police Station Gidderbaha, District Muktsar, under Sections 419 /420 /467

/468 /120-B IPC is quashed.