Vijay Kumar Kalra vs State of Punjab

Harinder Singh Sidhu, J.—This petition u/s 482 of the Code of Criminal Procedure has been filed for quashing of FIR No. 301 dated 14.11.2011, registered under Sections 420, 467, 468 and 471 of the Indian Penal Code (for short ''the IPC''), at Police Station Patran, and all consequential proceedings arising therefrom, on the basis of compromise dated 04.09.2013 (Annexure P-2) arrived at between the parties.

Vide order dated 22.10.2013, the parties were directed to appear before the learned trial Court, for getting their statements recorded. The trial Court was also directed to record their statements to its satisfaction to know its genuineness that the statements are not the result of any pressure or coercion in any manner. The trial Court was further directed to send a report alongwith statements of the parties with regard to validity or otherwise of the compromise effected between the parties and also intimate whether any case is pending against either of the parties or not.

In compliance thereof, report of learned Sub Divisional Judicial Magistrate, Samana has been received, which reads thus:-

It is humbly submitted that in pursuance of order dated 22.10.2013 passed by Hon''ble High Court in the case more fully detailed in the subject, accused Vijay Kumar, Mohinder Singh @ Babbu and Sanjiv Kumar and complainant Manjit Kaur and Lakhbir Kaur have been recorded. In their statements all these deponents have deposed that they have compromised the matter with each other and now they have no ill will against each other and would live happily in future. All of them have further deposed that they have suffered statements with their free will and voluntarily and same is without any pressure or coercion and that FIR No. 301 dated 14.11.2011 under sections 420, 467, 468 and 471 IPC may be quashed. Even all of them were acquainted they are not bound to give any statement but even then all of them suffered these statements in Court and same appears to have voluntarily suffered statements. Parties have stated that no other case is pending against them. Naib Court of the Court has reported in writing that as per records, in this case there is no accused is PO nor any proceedings in this regard was conducted. In view of this position, the requisite report alongwith above referred statements are being sent to Hon''ble High Court.

As per the report made above, the trial Court verified that the statements of the parties have been recorded voluntarily and the same are without any pressure or coercion. It has also been stated that there is no case pending against anyone of them.

The Counsel for the petitioners has submitted that the parties have amicably settled the matter, on the basis of the Compromise, (Annexure P-2). He has further submitted that after the said compromise, no dispute subsists between the parties. He has further submitted that, with a view to prevent the abuse of process of Court, and in the interest of justice, the FIR aforesaid, be quashed. He also placed reliance on Kulwinder Singh and Others Vs. State of Punjab and Another, , a judgment delivered by a Full Bench of this Court.

The Counsel for respondent no. 2 & 3, did not dispute the submission of the Counsel for the petitioners. They also reiterated that the parties have settled the matter amicably, on the basis of compromise, aforesaid. He further submitted that, if on the basis of compromise, referred to above, the FIR and the subsequent proceedings are quashed, it would prevent harassment to the parties, and create better relations, between them.

Keeping in view the ratio of law, laid down, in Kulwinder Singh''s case (supra), and applying the same to the facts and circumstances of the instant case, in my considered opinion, once the matter has been compromised, by the parties, no useful purpose, shall be served by proceeding with the prosecution.

For the reasons recorded above, the instant petition, u/s 482 of the Code of Criminal Procedure Code, is allowed. FIR No. 301 dated 14.11.2011, under Sections 420, 467, 468 and 471 IPC, Police Station Patran, (Annexure P1), and the subsequent proceedings arising therefrom, are quashed, qua the petitioners.