Bhim Sain and ors. vs State of Punjab and anr.

B.S. Yadav, J.

The petitioners have filed this petition for quashing First Information Report No. 537 dated 28th August, 1982 registered in Police Station, Civil Lines, Ludhiana, against them under Sections 364/511/506/34 of the Indian Penal Code.

It is not necessary to give in detail the facts contained in the First Information Report because the learned counsel for the petitioners did not argue that the said allegations do not amount to the commission of a cognizable offence. He, however, argued that the story as narrated in the First Information Report is not plausible. The allegations cannot be appreciated at this stage in the manner suggested by the learned counsel for the petitioners. It is not disputed that the case has been investigated and the chargesheet has been presented in the Court. The learned counsel for the petitioner further argued that compromise has been arrived at between the parties and, therefore, the First Information Report and the proceedings taken on it, be quashed. The learned counsel for the complainant also supported him in this prayer. If any compromise has been effected between the parties, they can file it in the Court concerned which might take lenient view, if it so likes. However, I am of the opinion that the First Information Report or the chargesheet instituted on its basis cannot be quashed merely because the complainant and the accused have effected a compromise in the case. The First Information Report discloses the commission of noncompoundable offence.

For the foregoing reasons, I do not find any merit in the present petition and dismiss the same.