Surinder Kaur vs State of Punjab and Another

L.N. Mittal, J.—Accused Surinder Kaur has filed this petition u/s 482 of the Code of Criminal Procedure (in short, Cr.P.C.) for quashing FIR No. 257 dated 25.12.2009 (Annexure P-1) registered under Sections 326, 324, 323, 506, 148 and 149 of the Indian Penal Code at Police Station Sadar Phagwara, District Kapurthala, in view of compromise Annexure P-2 effected with respondent No. 2-complainant injured Bahadur Singh. I have heard learned counsel for the parties and perused the case file.

Counsel for respondent No. 2-complainant stated that parties have effected compromise Annexure P-2 and therefore, respondent No. 2-complainant has no objection to the quashing of the impugned FIR.

It may be mentioned that compromise has been effected with petitioner-Surinder Kaur only and not with her co-accused.

In appropriate cases, FIR can be quashed by this Court on the basis of compromise by exercising inherent 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 Vs. State of Punjab 2007 (2) Law Herald (P&H) 2225.

In the instant case, petitioner is wife of real brother of respondent No. 2-complainant. They have mutually settled the dispute with intervention of the respectable of the village. Injury falling u/s 326 IPC is not attributed to the petitioner and is said to be on left arm of the complainant i.e. non-vital part. Accordingly, it is a fit case for quashing of FIR qua petitioner-Surinder Kaur. Accordingly, instant petition is allowed and impugned FIR Annexure P-1 is quashed along with all consequential proceedings arising therefrom as against petitioner Surinder Kaur only and this order shall have no bearing qua remaining accused.