Mulakh Raj and Others vs State of Punjab and Another

Vijender Singh Malik, J.—This is a petition brought by Mulakh Raj and others under the provisions of section 482 Cr. P.C. for quashing of FIR No. 230 dated 31.10.2009 registered at Police Station Nakodar, District Jalandhar for an offence punishable under sections 420 and 406 of Indian Penal Code on the basis of compromise arrived at between the parties vide compromise deed dated 4.2.2012 (Annexure P3). On notice of the petition, the complainant has put in appearance through his counsel Mr. Avinash Mandal, Advocate. He has himself come present in the court today with his counsel. An affidavit has also been filed by the complainant today in support of the fact that the parties have compromised the matter. The same is taken on record.

It is a case where the offence punishable sections 406 and 420 are compoundable with the permission of the court u/s 320 Cr.P.C. Though, the FIR and the subsequent proceedings could be quashed in a case of non-compoundable offence on the basis of compromise, it is a case which is compoundable with the permission of the court and the proceedings in such a case can certainly be quashed. However, it is to be kept in mind that while quashing the proceedings, the court has to satisfy itself that the compromise is just and fair in which no party is taking undue benefit. Simultaneously, it has to be seen that the compromise is free from undue pressure. Once it is found that the compromise is just and fair and is not brought about by undue pressure of one party on the other, then the court has to see that the quashing would secure the ends of justice or that it would prevent abuse of process of law.

By the compromise, no cause of any friction is left between them and, therefore, this compromise can certainly be said to be one arrived at to secure the ends of justice. Nothing appears to the court to be suggestive of pressure, much less undue pressure on the complainant for this compromise. Undue benefit is also not seen to be taken by any party in the matter of compromise. The complainant is, moreover, represented by a counsel of his choice and, therefore, expert legal advice is available to him. He has, moreover, come to the court to admit the factum of compromise. Thus, keeping in view the fact that the parties have settled the dispute and that the settlement between them is just and fair, brought about without undue pressure from any one and that the same would be securing the ends of justice, I accept the petition and quash FIR No. 230 dated 31.10.2009 registered at Police Station Nakodar, District Jalandhar for an offence punishable under sections 420 and 406 IPC along with all consequential proceedings arising therefrom.