Raj Kumar vs State of Punjab and others

L.N. Mittal, J.—Raj Kumar has filed the instant petition u/s 482 of the Code of Criminal Procedure (in short ''Cr.P.C.'') for quashing the FIR No.179 dated 26.05.2007 under Sections 354, 509 and 506 IPC registered at Police Station Tripri, District Patiala (Annexure P-1) in view of the compromise (Annexure P-2) effected with respondent No.2 - complainant as well as her daughter respondent No.3 the aggrieved person.

Learned counsel for respondent Nos.2 & 3 states tha parties have effected compromise (Annexure P-2) and therefore, respondent Nos.2 & 3 have no objection to the quashing of the impugned FIR.

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

In appropriate cases, FIR can be quashed on the basis of compromise by exercising power u/s 482 Cr.P.C. even if the offences are not compoundable. It was so held by Full Bench of this Court in the case of Kulwinder Singh and others v. State of Punjab and others, 2007(3) R.C.R. (Cri) 1052.

In the instant case, there is also cross case lodged by petitioner against the husband and son of respondent No.2 herein i.e. father and brother of respondent No.3 herein and both the cases have been compromised. The dispute related to vacation of a shop by the petitioner as tenant. The shop has since been vacated and both the cross cases have been compromised. Accordingly, it is a fit case in which the FIR should be quashed.

For the reasons aforesaid, the instant petition is allowed and the impugned FIR No.179 dated 26.05.2007 under Sections 354, 509 and 506 IPC registered at Police Station Tripri Town, District Patiala (Annexure P-1) is quashed qua petitioner along with all consequential proceedings arising therefrom.