Swaran Singh And Others vs State Of Punjab And Another

Avneesh Jhingan, J

The matter is taken up for hearing through video conference due to COVID-19 situation.

This is a petition for quashing of DDR No.29, dated 22.08.2018 under Sections 323, 324, 427, 148 and 149 (Section 326 added later on) of the Indian

Penal Code, 1860 ('IPC') in FIR No. 49, dated 22.08.2018 under Sections 452, 323, 148 and 149 of the IPC registered at Police Station Smalsar,

District Moga on the basis of compromise as Annexure P-2 dated 18.03.2020.

The FIR was registered on the basis of statement of Inderjit Kaur and there was a cross version by way of DDR at the instance of Gurjit Singh @

Gidu ( Geetu). The parties belonged to the same village and are neighbours. With the intervention of respectables of the village, they arrived at

compromise and decided to live peacefully. The village Panchayat made both the parties to sit together and patch up their differences.

On 27th August, 2020, the parties were directed to make statement before the Illaqa Magistrate/Trial Court.

In pursuance to the directions, parties appeared before the Sub-Judicial Magistrate, Baghapurana. A report dated 08.10.2020 is received stating that

the compromise is genuine, voluntarily and without any threat or coercion.

Learned counsel for the complainant has no objection if the DDR is quashed.

As per the Full Bench judgment of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, High Court has power

under Section 482 Cr.P.C. to allow the compounding of non-compoundable offence and quash the prosecution where the High Court felt that the

same was required to prevent the abuse of the process of any Court or to otherwise secure the ends of justice. This power of quashing is not confined

to matrimonial disputes alone.

The parties in order to live peacefully being neighbour have entered into a compromise. To meet the ends of justice and considering that no useful

purpose would be served with continuation of trial, the above mentioned DDR and consequent proceedings arising therefrom are quashed.