Crl. Misc.No. M- 4260 of 2011 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc.No. M- 4260 of 2011 Date of decision : 10.05.2011 Des Raj and another ......Petitioners versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present: Mr. Sandeep Arora, Advocate for the petitioners. Mr. Munish Kumar, AAG, Punjab for respondent No. 1 **** RITU BAHRI , J. (Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing FIR No.45 dated 31.01.2009 under Sections 323, 325, and 341 IPC and Section 452 IPC (added lateron), registered at Police Station Division No.6, Jalandhar and all the subsequent proceeding arising therefrom, on the basis of compromise deed (Annexure P1). The instant FIR was registered by Paramjit Kaur, complainant, on account of a family dispute which took place on 22.01.2009 at about 9.00 AM in her house, she was abused. Her brother-in-law and Jeth came to the house of the complainant and gave her beatings. They asked from the complainant the whereabouts of her husband. Surinder accused, who was armed with hockey, caused injury on the person of the complainant. On receipt of hockey blow on her left leg, she fell down. Thereafter the Crl. Misc.No. M- 4260 of 2011 -2- complainant was taken to Orthanova Hospital for treatment. In the above background, F.I.R was registered by respondent No. 2 against the petitioners. However, during the pendency of the trial, both the parties arrived at a compromise with the intervention of the respectable persons (Annexure P1). The petitioners have annexed the affidavits of the complainant-respondent no.2 and respondent no.3 as Annexures P2 and P3. As per compromise, the matter has been compromised and the complainant do not want to pursue the matter further against the petitioners and has no objection if the F.I.R is quashed. In compliance of the order dated 10.02.2011, the trial Court has submitted a status report after verifying the contents of the compromise. As per the status report of Judicial Magistrate Ist Class, Jalandhar, statements of complainant Paramjit Kaur, eye witness Rana and accused Des Raj and Salinder Singh have been recorded. They all stated that the compromise has been effected between the parties voluntarily and the complainant does not want to pursue with the present case. From the statements of both the parties, the compromise appears to be genuine. In view of the compromise arrived at between the parties, the trial is likely to result into acquittal and continuous proceedings against the petitioners will be wastage of time. As per Full Bench of this Court in Kulwinder Singh and others versus State of Punjab and another 2007(3) RCR (Criminal) 1052 (P&H) has held that the Court has wide power to quash the proceedings even in non-compoundable offences notwithstanding the bar under Section 320 Cr.P.C. in order to prevent the abuse of law and to secure the ends of justice. Crl. Misc.No. M- 4260 of 2011 -3- The Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429 has examined a case where quashing was sought of an FIR under Section 406 IPC being non- compoundable. The Hon'ble Supreme Court has held that :- “1. No useful purpose would be served in continuing with the proceedings in the light of the compromise – There was no possibility of conviction. 2. It is advisable that in the disputes where question involved is of purely personal nature and no public policy is involved – Court should ordinarily accept the compromise. 3. Keeping the matter alive with no possibility of conviction is a luxury which the Courts, grossly overburdened as they are, cannot afford.” Consequently, in view of the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab (supra), the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and others vs. State of Punjab and another (supra), parties are allowed to compound the offence under Section 452 IPC. Accordingly, FIR No.45 dated 31.01.2009 under Sections 323, 325, and 341 IPC and Section 452 IPC (added lateron), registered at Police Station Division No.6, Jalandhar is quashed with all consequential proceedings arising therefrom qua petitioners. The petition stands disposed of. (RITU BAHRI) May 10, 2011 JUDGE dinesh