MANJIT SINGH Vs. SUKHJINDER SINGH

JUDGEMENT

(1.) PRESENT petition under section 482 Cr.PC is for quashing of Criminal Complaint no.46 dated 29.08.2001 under sections 341, 431, 427 and 120-B Indian Penal Code, Police Station Chheharta, Amritsar pending in the court of JMIC, Amritsar and the subsequent proceedings arising out of the said complaint in view of the compromise dated 31.07.2010(Annexure P-4) arrived at between the petitioners and the respondent-son of the complainant. In the complaint, late Balbir Singh-complainant levelled In the complaint, late Balbir Singh-complainant levelled allegations against petitioners namely Daljit Singh and Manjit Singh that they in connivance with one another person encroached upon the road abutting their fields thereby wrongfully restrained the complainant and other persons from going to their fields by obstructing/encroaching link road. After recording of the preliminary evidence the trial court summoned the petitioners for offences punishable under Sections 341 and 431 of Indian Penal Code. Learned counsel for the petitioner submits that the case is at the stage of pre-charge evidence before the learned trial court and the State authorities have made no grievance of any encroachment of the road. Upon notice respondent Sukhjinder Singh son of the complainant-late Balbir Singh has appeared who has been substituted in place of his father late Balbir Singh-complainant (who has since expired) and filed his affidavit(Mark-A) stating therein that he has no objection if in terms of the compromise (Annexure P-2) the aforesaid complaint and all the subsequent proceedings thereto are quashed. Said Sukhjinder Singh son of the complainant-Late Balbir Singh is present in the court and he has been identified by his counsel Mr. N.C. Doabia, Advocate. Respondent Sukhjinder son of the complainant-late Balbir Singh has admitted his affidavit (Mark-A), contents thereof as well as his signatures on the same. Statement of the respondent, son of the complainant has been separately recorded. A Full Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052 has held that this Court, in appropriate cases, while exercising powers under Section 482 Cr.P.C., may quash an FIR disclosing the commission of noncompoundable offences. The relevant extracts read as under:- The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C., which can affect the inherent power of this Court under Section 482. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in non-compoundable offences notwithstanding the bar under Section 320 of the Cr.P.C., in order to prevent the abuse of law and to secure the ends of justice. Similar views were expressed by Hon'ble the Apex Court in Madan Mohan Abot v. State of Punjab 2008(4) SCC 582, the relevant extract of which is as under:- We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law. Keeping in view the above settled legal position and taking into account the fact that both the parties have desired to live in peace and harmony and carry on with their lives without any ill will or rancour by resolving their differences and entering into the aforesaid compromise, it is evident that it is a fit case where there is no legal impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C., for quashing of the FIR in the interest of justice. Accordingly, the Criminal Complaint no.46 dated 29.08.2001 under sections 341, 431, 427 and 120-B Indian Penal Code, Police Station Chheharta, Amritsar pending in the court of JMIC, Amritsar and all subsequent proceedings arising therefrom, are quashed.