Balvir Ram @ Pinku & others vs State of Punjab and another

This petition has been filed under Section 482 of the Code of

Criminal Procedure seeking quashing of FIR No. 207 dated 27.08.2017

(Annexure P-1), registered under Sections 323, 325, 148, 149, 354 and 506

of the Indian Penal Code at Police Station Division No. 2, Ludhiana,

District Ludhiana and all subsequent proceedings arising therefrom in view

of the compromise dated 19.09.2017 (Annexure P-2) entered into between

the parties.

The aforesaid FIR was registered on the statement of

respondent No. 2/complainant Kanta Rani under the aforesaid sections.

However, later on, with the intervention of respectable persons, the dispute

has been amicably settled between the parties and they have entered into a

compromise.

Keeping in view the fact that the parties have entered into a

compromise, they were directed to appear before the Illaqa Magistrate for

getting their statements recorded in support of the compromise. In

pursuance of the direction, a report has been received from JMIC at

Ludhiana, stating that the compromise arrived at between the parties is

without any pressure or coercion from any one and the same appears to be

genuine one.

Learned Deputy Advocate General, Punjab, on instructions from

the Investigating Officer and learned counsel for respondent No. 2-

complainant admit to the factum of compromise and submit that in case the

parties have indeed settled their dispute, they 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 heard learned counsel for the rival parties and gone

through the record.

In a decision, based on compromise, none of the parties is a

loser. Rather, a 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.

Consequently, keeping in view the fact that the dispute has been

amicably settled and in view of the law laid down by the Hon''ble Supreme

Court in Gian Singh Versus State of Punjab and another, 2012(4) RCR

(Cr.) 543, this petition is allowed and FIR No. 207 dated 27.08.2017

(Annexure P-1), registered under Sections 323, 325, 148, 149, 354 and 506

of the Indian Penal Code at Police Station Division No. 2, Ludhiana,

District Ludhiana and all subsequent proceedings arising out of the same are

quashed qua the petitioners.

The petition stands disposed of.