Parkash Chand Kanwar vs State of Punjab and Others

R.P. Nagrath, J.—The instant petition has been filed u/s 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 20 dated 30.03.2005 for the offence under Sections 279, 337, 338, 427 IPC, registered at Police Station Anandpur Sahib, District Rupnagar, Punjab, along with all consequential proceedings arising therefrom, on the basis of compromise.

Report has been received from trial Court after recording statements of the parties on compromise. The trial Court has reported that compromise is voluntary and without any pressure or coercion. Trial Court has also sent original copies of statements of parties recorded by it.

Learned counsel for the State on instructions from HC Satwinder Singh, submits that FIR was registered by respondent No. 2- complainant and only injured person is respondent No. 3-Rohit who was minor at that time but now has attained the majority. Trial Court has also recorded the statement of respondent No. 3 injured/victim and father of respondent No. 3 namely Tara Chand-respondent No. 4. It is further submitted that petitioner is only accused in the FIR.

No useful purpose would be served in continuing with the proceedings in the case in view of the compromise arrived at between them.

In view of the statements and report of the trial Court and the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and Others Vs. State of Punjab and Another, , approved by Hon''ble Apex Court in Gian Singh Vs. State of Punjab and Another, the instant petition is allowed and FIR No. 20 dated 30.03.2005 for the offence under Sections 279, 337, 338, 427 IPC registered at Police Station Anandpur Sahib District Rupnagar, Punjab, along with all consequential proceedings arising therefrom are quashed.

Needless to say that parties shall remain bound by the terms of compromise and their statements.