KIRPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KIRPAL Singh, Lakhwinder Singh and Kamaljit Kaur, the petitioners have brought this petition under the provisions of section 482 Cr. P.C., for quashing of FIR No.152 dated 21.07.2007 (Annexure P1) registered at Police Station Sadar Rajpura, District Patiala for an offence punishable under sections 323, 324 IPC read with section 34 IPC alongwith all the subsequent proceedings arising out of the same on the basis of compromise (Annexure P2).

(2.) WHILE issuing notice of motion, the parties were directed to appear before learned Illaqa Magistrate on 18.2.2013 for getting their statements recorded in support of the compromise. Learned Judicial Magistrate Ist Class, Rajpura, has sent her report in this regard. She has reported that she has recorded the statements of the parties and has found that their statements are voluntary and without any influence or pressure.

(3.) THE FIRs/complaints in non-compoundable offences could, therefore, be quashed on the basis of compromise. It is so because after compromise, no evidence supporting the prosecution is possible to come on the record and possibility of conviction of the accused becomes bleak. However, before accepting the petition and quashing the proceedings, the court has to satisfy itself that the compromise is just and fair in which no party is taking undue benefit. The compromise in hand not only satisfies the above said requirements, but also appears to be securing the ends of justice. I, therefore, find that the matter has been amicably settled between the parties without their being any pressure on anyone. Hence, I accept the petition and quash FIR No.152 dated 21.07.2007 (Annexure P1) registered at Police Station Sadar Rajpura, District Patiala for an offence punishable under sections 323, 324 IPC read with section 34 IPC along with all the subsequent proceedings arising out of the same.