Dharampal vs State of Punjab

Surinder Gupta, J.—The petitioners have filed this petition u/s 482 Code of Criminal Procedure (for short, ''Cr.P.C.'') seeking quashing of FIR No. 102 dated 25.07.2012 (Annexure P-1), registered for offences punishable under Sections 354 read with Section 34 and 201 of Indian Penal Code (for short ''IPC'') at Police Station Sohana, District SAS Nagar Mohali along with all consequential proceedings arising therefrom as well as quashing of cross-case bearing FIR No. 23 dated 09.03.2011 (Annexure P-2) registered for offences punishable under Sections 323, 341, 325, 148 read with Section 149 IPC at Police Station Sohana, District SAS Nagar Mohali along with all consequential proceedings arising therefrom on the basis of the compromise (Annexure P-3).

FIR No. 102 dated 25.07.2012 (Annexure P-1)

As per the allegations in FIR (Annexure P-1), respondents No. 3 and 4 followed petitioner No. 2 when she was returning from her school, teased her and pulled her ''Dupatta''.

Upon notice, Assistant Advocate General, Punjab has put in appearance on behalf of respondent No. 1-State and respondents No. 3 and 4 have put in appearance through their counsel.

I have heard learned counsel for the parties and perused the case file.

The parties were directed to appear before the trial court and get their statements recorded. The trial court has sent its report dated 02.04.2014 stating therein that the compromise has been effected in between the parties which appears to be voluntary in nature and without any pressure or influence.

Learned counsel for the petitioners has submitted that in view of the compromise (Annexure P-3), the petitioners have no objection if the impugned FIR (Annexure P-1) is quashed.

Learned State counsel has also not disputed the compromise (Annexure P-3).

The only obstacle in the way of accepting the compromise for quashing the impugned FIR is that the offences punishable u/s 354 and 201 IPC are not compoundable. In case Kulwinder Singh and Others Vs. State of Punjab and Another, Full Bench of this Court has held that the FIR can be quashed on the basis of the compromise by exercising inherent powers u/s 482 Cr.P.C. even if the offence is not compoundable.

In the instant case, the compromise has been effected with the intervention of the respectables and now the parties wish to live in peace and harmony.

Keeping all the above facts in view, I am of the considered opinion that it is a fit case in which the impugned FIR should be quashed. Keeping the case pending will not serve the ends of justice. The quashing of the FIR will provide the parties opportunity to live in an amicable, peaceful and harmonious atmosphere which is not only in the interest of the parties to this petition but also for their families and ultimately the society at large. The offence in this case is not so heinous or serious that it cannot be settled by the parties through compromise.

In view of the above discussion, this petition is allowed and the impugned FIR No. 102 dated 25.07.2012 (Annexure P-1), registered for offences punishable under Sections 354 read with Section 34 and 201 IPC at Police Station Sohana, District SAS Nagar Mohali along with all consequential proceedings arising therefrom is, hereby, quashed.

FIR No. 23 dated 09.03.2011 (Annexure P-2)

It has been submitted by learned counsel for the petitioners that police is going to present the untrace report in FIR No. 23 dated 09.03.2011 registered at Police Station Sohana, District SAS Nagar which was registered at the instance of private respondents.

Learned State counsel has submitted that the police will file the untrace report in FIR (Annexure P-2) within four weeks.

Learned counsel for private respondents submits that private respondents have no objection to the acceptance of the untrace report and would not challenge that report.

Keeping in view the fact that matter has also been compromised in FIR No. 23 dated 09.03.2011 (Annexure P-2) registered for offences punishable under Sections 323, 341, 325, 148 read with Section 149 IPC at Police Station Sohana, District SAS Nagar Mohali and police is also going to present untrace report in this case, the above mentioned FIR (Annexure P-2) is also quashed.