HARNEK SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) HARNEK Singh, Rajvinder Kaur, Harjinder Singh and Kuldeep Singh, the petitioners have brought this petition under the provisions of section 482 Cr.P.C., for quashing of FIR No. 20 dated 22.1.2013 (Annexure P1) registered at Police Station Chandi Mandir, District Panchkula for an offence punishable under sections 323, 427, 452, 504 and 506 IPC read with section 120-B IPC alongwith all the subsequent proceedings arising out of the same on the basis of compromise dated 4.2.2013 (Annexure P2).

(2.) WHILE issuing notice of motion, the parties were directed to appear before learned Illaqa Magistrate on 20.02.2013 for getting their .. statements recorded in support of the compromise. Learned Addl. Chief Judicial Magistrate, Panchkula has sent his report in this regard. He has reported that he has recorded the statement of complainant and five injured witnesses 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, the petition is allowed and FIR No.20 dated 22.1.2013 (Annexure P1) registered at Police Station Chandi Mandir, District Panchkula for an offence punishable under sections 323, 427, 452, 504 and 506 IPC read with section 120-B IPC alongwith all the subsequent proceedings arising out of the same is quashed.