Simranjeet Singh and another vs State of Punjab and others

Paramjeet Singh, J.—Present petition has been filed u/s 482 Cr. P.C. for quashing of FIR No. 356 dated 07.12.2011, under Sections 307, 325, 323, 34 IPC, registered at Police Station Zirakpur, District S.A.S. Nagar (Mohali) and all consequential proceedings arising therefrom, on the basis of compromise dated 16.02.2012 (Annexures P/2). Learned counsel for the petitioners contended that the occurrence in the present case took place due to misunderstanding and there was no previous enmity. Learned counsel further contended that the parties are residents of same locality and with the interventions of respectables and friends the matter has been settled amicably and the parties are living peacefully.

Learned counsel for the petitioners has relied upon a judgment of this Court in the Bhupinder Kaur Vs. State of Punjab and Another, 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 Nos. 2 and 3, who are present in Court today, states that respondent Nos. 2 and 3 would have no objection, if the present FIR along with consequential proceedings, arising out of it, are quashed qua the present petitioners.

Learned counsel for respondent Nos. 2 and 3 has also handed over two separate affidavits dated 14.05.2012 to the above effect, which are taken on record.

Consequently, in view of compromise (Annexure P/2) 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, which has been affirmed by a Larger Bench of the Hon''ble Supreme Court in Gian Singh vs. State of Punjab and another, SLP (Crl.) No. 8989 of 2010, decided on 24.09.2012, by the Full Bench judgment of this Court in the case of Kulwinder Singh and Others Vs. State of Punjab and Another, , 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. 356 dated 07.12.2011, under Sections 307, 325, 323, 34 IPC, registered at Police Station Zirakpur, District S.A.S. Nagar (Mohali), is hereby quashed and all the criminal proceedings arising out of the said FIR also stand quashed qua the present petitioners.