Santosh Kumar vs State of Punjab

Inderjit Singh, J.—This petition has been filed u/s 482 Cr. P.C. for quashing of FIR No. 247 dated 12.08.2008 (Annexure-P1) registered at Police Station Basti Jodhewal, District Ludhiana, under Sections 324, 323, 325, 326, 34 IPC and all subsequent proceedings arising therefrom in view of the compromise (Annexure P-2).

The FIR has been registered on the statement of complainant-Durgesh Singh on the allegations that accused Santosh Kumar was his old friend. About 2 months back, complainant borrowed a sum of Rs. 2,000/- from accused Santosh Kumar for personal necessity, which he did not return due to some financial problem. On 10.08.2008, accused Santosh Kumar, Rajesh Kumar, Dharminder alongwith some other persons armed with deadly weapons came to complainant and caused injuries to him. When, the complainant raised alarm ''save-save'', his brother-in-law Sammar Bahadur and landlord Ranjit Mishra came there, but the accused persons caught hold Ranjit Mishra and also caused injuries to him. Since the parties are residents of same area, as such with the intervention of the respectable persons of the locality, the matter has been amicably settled between the parties. Compromise deed (Annexure-P-2) in this regard has been entered into between the parties.

Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned trial Court for getting their statements recorded in support of the compromise. After doing the needful, learned trial Court has sent its report dated 20.05.2014 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 Durgesh and other injured/eye witnesses have stated that the matter has been compromised between them with the intervention of the respectables, which is voluntary, without any coercion and undue influence from any quarter and they have no objection if the aforesaid FIR is quashed.

Learned Assistant Advocate General, Punjab, on instructions from the Investigating Officer admits the factum of compromise and submits 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.

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 Cr. P.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 dispute 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. 247 dated 12.08.2008 (Annexure-P1) registered at Police Station Basti Jodhewal, District Ludhiana, under Sections 324, 323, 325, 326, 34 IPC and all subsequent proceedings arising out of the same are hereby quashed.