MANDEEP SINGH GILL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners have approached this Court by way of instant petition under Section 482 of the Code of Criminal Procedure, for quashing of FIR No.133 dated 26.08.2011, under Sections 420/120-B of the Indian Penal Code, registered at Police Station Mandi Gobindgarh (Annexure P-1), on the basis of compromise dated 31.10.2011 (Annexure P-2), arrived at between the parties. Notice of motion was issued. THE respondents have appeared and admitted the factum of compromise.

(2.) IN compliance of the order dated 22.03.2012 passed by this Court, the parties appeared before the Illaqa Magistrate and got their statements recorded. Consequently, report dated 04.04.2012 from the Sub Divisional Judicial Magistrate, Amloh has been received through the learned District and Sessions Judge, Fatehgarh Sahib. The Magistrate has reported that the parties have arrived at an out of Court settlement by way of compromise without any pressure. Learned counsel for the litigating parties are ad idem that since the parties have arrived at an out of Court settlement by way of compromise (Annexure P-2), which has been found to be genuine by the learned Magistrate also, the impugned FIR and consequent proceedings arising therefrom are liable to be quashed. Having heard the learned counsel for parties and after going through the record of the case, this Court is of the considered opinion that since the parties have arrived at an out of Court settlement by way of compromise, which has been found to be genuine and without any pressure, the continuation of criminal proceedings would be nothing but sheer wastage of valuable time of the Court and would result in abuse of process of law.

(3.) COMING to the facts of the present case, this Court has satisfied itself that the parties have arrived at an out of Court settlement by way of compromise without any pressure. The compromise has been found to be genuine. The parties have decided to bury the hatchet. Thus, the continuation of the impugned FIR and the criminal proceedings arising therefrom would be serving no purpose and it would result in abuse of process of law.