Shingara Singh vs State of Punjab

Surinder Gupta, J.—The petitioners have filed this petition u/s 482 Code of Criminal Procedure (for short, ''Cr.P.C.'') seeking quashing of FIR No. 128 dated 14.08.2012 (Annexure P-1), registered for offences punishable under Sections 448, 379, 427, 511, 34 of Indian Penal Code (for short ''IPC) and Section 3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station Raikot, District Ludhiana along with all consequential proceedings arising therefrom, on the basis of the compromise (Annexure P-2).

As per the allegations in the FIR, the petitioners damaged the house and household articles and took away the gate of respondent No. 2, abused and gave beatings to him and his wife.

Upon notice, Mr. Varun Sharma, Assistant Advocate General, Punjab has put in appearance on behalf of respondent No. 1-State and Mr. Ramandeep, Advocate has put in appearance on behalf of respondents No. 2 and 3.

I have heard learned counsel for the parties and perused the case file.

The parties were directed to appear before the trial court and get their statements recorded. The trial court has sent its report dated 02.06.2014 stating therein that the compromise has been effected in between the complainant and the accused which appears to be voluntary in nature and without any pressure or influence.

Learned counsel for respondents No. 2 and 3 has submitted that in view of the compromise (Annexure P-2), the private respondents have no objection if the impugned FIR (Annexure P-1) is quashed. Learned State counsel has also not disputed compromise (Annexure P-2).

The only obstacle in the way of accepting the compromise for quashing the impugned FIR is that the offence punishable u/s 3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is not compoundable. In case Kulwinder Singh and Others Vs. State of Punjab and Another, Full Bench of this Court has held that the FIR can be quashed on the basis of the compromise by exercising inherent powers u/s 482 Cr.P.C. even if the offence is not compoundable.

In the instant case, the compromise has been effected with the intervention of the respectables and now the parties wish to live in peace and harmony.

Keeping all the above facts in view, I am of the considered opinion that it is a fit case in which the impugned FIR should be quashed. Keeping the case pending will not serve the ends of justice. The quashing of the FIR will provide the parties opportunity to live in an amicable, peaceful and harmonious atmosphere which is not only in the interest of the parties to this petition but also for their families and ultimately the society at large. The offence in this case is not so heinous or serious that it cannot be settled by the parties through compromise.

In view of the above discussion, the instant petition is allowed and the impugned FIR (Annexure P-1) along with all consequential proceedings arising therefrom, qua petitioners, is quashed.