RAM PAL SARPANCH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED Ram Pal and three others have filed this petition under Section 482 of the Code of Criminal Procedure (in short ­ Cr.P.C.) for quashing criminal complaint bearing RT No. 30 dated 22.08.2005 (Annexure P-1), under Sections 323, 354, 427, 454, 452, 453, 120-B and 506 read with Section 149 of the Indian Penal Code (in short ­ IPC), titled Baksho Devi vs. Ram Pal Sarpanch and others pending in the Court of Judicial Magistrate Ist Class, Anandpur Sahib, summoning order (Annexure P-2) and chargesheet (Annexure P-3), in view of compromise (Annexure P-4) effected with respondent no. 2 ­ complainant.

(2.) REPLY affidavit of respondent no. 2 ­ complainant, filed today in Court, is taken on record, subject to all just exceptions. Copy given to the counsel opposite. I have heard counsel for the parties and perused the case file. Counsel for respondent no.2, on instructions from respondent o. 2, said to be present in person in the Court, stated that parties have effected compromise (Annexure P-4), and therefore, respondent no. 2 has no objection to the quashing of the impugned criminal complaint, along with summoning order and chargesheet. Affidavit of respondent no. 2 to the same effect has also been placed on record today in the Court. In appropriate cases, criminal prosecution can be quashed on the basis of compromise by exercising inherent powers under Section 482 Cr.P.C., even if the offences are not compoundable. It was so held by Full Bench of this Court in case of Kulwinder Singh vs. State of Punjab reported as 2007 (3) Law Herald (Punjab and Haryana) 2225.