Daljit Singh vs State of Punjab and Another

Ram Chand Gupta, J.—The present petition has been filed u/s 482 of the Code of Criminal Procedure for quashing of FIR no. 32 dated 20.02.2013 u/s 409 IPC, registered at police station Samrala, District Khanna, Annexure P1, and all other consequential proceedings arising therefrom on the basis of compromise, Annexure P2, having been entered between the parties. I have heard learned counsel for the parties and have gone through the record.

It has been stated by learned counsel for the petitioner that petitioner and respondent no. 2 are closely related as respondent no. 2 is father of petitioner and that dispute between the parties has since been settled due to intervention of respectable persons and relatives.

Respondent No. 2 - complainant also appeared in person with his counsel and filed reply by way of affidavit admitting the factum of compromise and stated that he is having no objection if the FIR and consequential proceedings are quashed.

It has also been stated by learned counsel for the parties that inadvertently in the FIR offence u/s 409 IPC has been mentioned and that however, petitioner-accused is not a public servant and no ingredient of offence u/s 409 IPC is made out in this case.

In appropriate cases FIR can be quashed on the basis of compromise by exercising power u/s 482 Cr.P.C., even if the offences are not compoundable. It was so held by Full Bench of this Court in the case of Kulwinder Singh and Others Vs. State of Punjab and Another, Since the parties have amicably settled the matter and compromise has been effected between them due to intervention of the respectable persons and relatives, in the interest of harmonious relations between the parties, who are father and son, the present petition is allowed and the impugned FIR no. 32 dated 20.02.2013 under Sections 409 IPC, registered at police station Samrala, District Khanna, Annexure P1 alongwith all consequential proceedings qua petitioner - Daljit Singh is, hereby, quashed.