Piara Singh And Others S v. State Of Punjab And Another S

RAJIVE BHALLA, J (Oral)

This order shall dispose of Crl.Misc Nos. M-34419 of 2008 and Crl.Misc No. M-1654 of 2009, as they arise from the same FIR.

Prayer in this petition, filed under Section 482 of the Code of Criminal Procedure is for quashing of FIR No. 88 dated 17.9.2003, registered under Sections 323, 324, 341, 148 and 149 of the Indian Penal Code, at Police Station Sadar Kapurthala, Distt. Kapurthala and subsequent proceedings emanating therefrom and also the cross version lodged in the aforementioned FIR.

Counsel for the petitioners and respondent no. 2 pray that in view of their compromise, duly signed by them and as they have settled their differences, the FIR and the cross-version be quashed. Gurdev Singh s/o Hazara Singh, the complainant in FIR No. 88 dated 17.9.2003, duly identified by his counsel, acknowledges the correctness of the recitals in the settlement and in his affidavit and states that he has no objection, if the FIR is quashed. Piara Singh, the author of the cross version in the aforementioned FIR, who is present in Court and has been duly identified by his counsel, acknowledges the correctness of the recitals in the compromise and in his affidavit and states that he has no objection, if the cross-version lodged by him is quashed.

Counsel for the State of Punjab states that though one of the accused namely, Kuldip Singh is a proclaimed offender, the State of Punjab has no objection to the quashing of the FIR and the cross version, provided it is limited to the petitioners.

I have heard learned counsel for the parties, perused the compromise and the affidavits of Piara Singh and Gurdev Singh, appended to their respective petitions. It appears that parties have arrived at a bonafide settlement of their disputes without any fraud, coercion or undue influence. A compromise or a settlement, serves the immediate purpose of the parties as it enables them to proceed with their lives without illwill or rancour. In view of the compromise, the prosecution witnesses are not likely to support the prosecution leading to wastage of valuable Court time. In Kulwinder Singh V. State of Punjab and another, 2007(3) RCR (Crl.) 1052, a Full Bench of this Court has held that, in the exercise of powers under Section 482 of the Code of Criminal Procedure, this Court may in appropriate cases, quash an FIR disclosing the commission of non compoundable offences.

In view of what has been stated herein above, as the prayer for quashing of the FIR and all subsequent proceedings emanating therefrom does not suffer from any legal impediment, the present petition is allowed and the FIR No. 88 dated 17.9.2003, registered under Sections 323, 324, 341, 148 and 149 of the Indian Penal Code, at Police Station Sadar Kapurthala, Distt. Kapurthala and the cross version lodged in the aforementioned FIR, are quashed.

16.2.2009 (RAJIVE BHALLA) GS JUDGE