LAWS(P&H)-2022-12-10

RAJNI Vs. STATE OF PUNJAB

Decided On December 09, 2022
RAJNI Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The instant petition has been filed under Sec. 482 Cr.P.C. seeking quashing of cross version DDR No.028 dtd. 29/9/2022 (Annexure P-1) under Ss. 307, 323, 324, 341, 427, 506, 148 and 149 of IPC 1860, registered at Police Station Shimlapuri, District Ludhiana, and subsequent proceedings arising therefrom, on the basis of Compromise dtd. 1/11/2022 (Annexure P-3).

(2.) In other words, grave or serious offences or offences which involve moral turpitude or have a harmful effect on the social and moral fabric of the society or involve matters concerning public policy, cannot be construed betwixt two individuals or groups only, for such offences have the potential to impact the society at large. Effacing abominable offences through quashing process would not only send a wrong signal to the community but may also accord an undue benefit to unscrupulous habitual or professional offenders, who can secure a "settlement" through duress, threats, social boycotts, bribes or other dubious means. It is well said that "let no guilty man escape, if it can be avoided."

(3.) From the perusal of the enclosed FIR, report of the Trial Court and compromise arrived between the parties, it transpires that contesting parties have amicably resolved their issue, thus, no useful purpose would be served by continuing the proceedings. The alleged offences are of pre-dominantly private in nature and no moral turpitude or interest of public at large is involved. There appears to be no chance of conviction, the continuance of the proceedings would just waste valuable judicial time and it is well-known fact that courts are already over burdened.