Paramjit Kaur and Another vs State of Punjab and Another

T.P.S. Mann, J.—By filing the present petition u/s 482 Cr.P.C., the petitioners have sought quashing of FIR No. 204 dated 13.10.2009, under Sections 452 /324 /323 /34 IPC registered at Police Station City, Mansa and all the subsequent proceedings arising therefrom on the basis of compromise, said to have been effected between the parties. The aforementioned FIR was registered at the instance of respondent No. 2. In the present petition, it was stated that there was no serious dispute between the parties and only a minor quarrel led to the registration of the FIR. The petitioners on the one hand and respondent No. 2, on the other, have amicably settled the entire matter between themselves. Copy of the compromise deed dated 19.3.2012 has been attached with the petition as Annexure P-2.

While issuing notice, this Court directed the trial Court to record the statements of all the concerned parties and, thereafter, send its report with regard to the validity or otherwise of the compromise. Pursuant to the same, report has been submitted by the trial Court wherein it stands mentioned that both the petitioners as well as respondent No. 2 appeared in the said Court and made their respective statements that they have compromised the matter with each other. According to them the compromise was the outcome of the intervention of the respectables. Respondent No. 2 has also stated that he has no objection if the FIR lodged by him is quashed and all the proceedings taken thereunder are set aside. On the basis of the aforementioned facts, the trial Court has concluded that the compromise was voluntarily entered into without there being any undue influence or fear.

Some of the offences alleged by the prosecution are non-compoundable. Despite the same, this Court can exercise its inherent powers for quashing the FIR and setting aside all the proceedings taken thereunder in view of the fact that the parties have decided to bury the hatchet by entering into a compromise. They have got their statements recorded in that regard before the trial Court and the said Court has expressed its opinion that there is a valid compromise between the parties. In view of the above, the petition is accepted, FIR No. 204 dated 13.10.2009, under Sections 452 /324 /323 /34 IPC registered at Police Station City, Mansa is quashed and all the proceedings taken thereunder are set-aside.