Gurjinder Singh @ Jinder Jaura and Others vs State of Punjab and Others

K.C. Puri, J.—This is a petition u/s 482 of the Code of Criminal Procedure for quashing F.I.R. No. 111 dated 17.07.2013 under Sections 307/324/323/452/148/149 of the Indian Penal Code (Sections 326 IPC added later on) registered at Police Station Moga City District Moga, on the basis of compromise along with all subsequent proceedings arising from that F.I.R. vide order dated 09.10.2013, the parties were directed to appear before the trial Court. The parties are arrived at a compromise. Report from the trial Court has been received alongwith the statements of the parties in which it is mentioned that parties had arrived at a compromise.

Statement of all the injured have been stated to be recorded. The trial Court has observed that compromise has been effected between the parties out of their own free will and seems to be genuine.

The dispute was between the driver and conductor of different buses that has been settled. It would be in the interest of both the parties the Full Bench of this Court in authority reported as Kulwinder Singh and Others Vs. State of Punjab and Another, held that the compromise, in a modern society, is the sine qua non of harmony and orderly behavior. It is the soul of justice and if the power u/s 482 of the Cr.P.C. is used to enhance such a compromise which, in turn, enhances the social amity and reduces friction, then it truly is "finest hour of justice".

Again the Hon''ble Apex Court in authority Dimpey Gujral and Others Vs. Union Territory Through Administrator, U.T. Chandigarh and Others, held that the compromise in respect of u/s 307 IPC can be allowed being a personal dispute. The above said F.I.R. stands quashed. Further proceedings in pursuant to that F.I.R. also stands quashed.

The prosecution witnesses are yet to be produced. Due to compromise, continuation of criminal proceedings would be an exercise in futility. Disposed of.