MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On 1.6.1992 F.I.R. No. 24 under sections 307/326/324/323/148/149, I.P.C. was registered at Police Station, Banur on the statement of Balwinderjit Singh respondent No. 3. In that incident the petitioners, who were the accused, also sustained injuries and on the statement of petitioner No. 1 respondents No. 3 to 6 were proceeded against under sections 326,324,323,148,149, I.P.C. The petitioners have now tiled this petition under section 482 of the Code of Criminal Procedure for quashing of the above referred First Information Report. They contended that none of the injured ever remained as indoor patient and they were discharged after first aid. No one suffered any injury which could be termed as grievous or dangerous to life and there was no fracture. No. evidence had been collected against the accused in either case although 16 months had elapsed and even challan had not been presented so far. From the medical evidence no case beyond the scope of Section 326, I.P.C. was made out. With the passage of time the ill will between the parties had vanished and no witness was to appear either against the petitioners or against respondents No. 3 to 6, Respondents No. 2 to 6 submitted their reply alleging that the parties had effected compromise on the very next day of the incident and had executed a compromise deed Annexure R/l. The dispute had been amicably settled and they had burned the hatchest.

(2.) The parties have produced compromise deed stating that due to some misunderstanding a scuffle took place between the parties and F.I.R. No. 24 dated 4.6.1992 was lodged at Police Station, Banur. Immediately there after they effected compromise orally and lived amicably. They were no longer interested to proceed with the case and none was willing to support the case so chances of success were bleak.

(3.) From the compromise decd and the affidavits furnished by the respondents it is made out that the parties arc no longer at daggers drawn and whatever dispute as there which resulted in the incident has been settled amicably. The compromise is arrived at without any threat or coercion by either side. It is correct that some of the offences mentioned in the F.I.R. are not compoundable, yet the Courts always lean in favour of compromise even in cases which are not Compoundable. This fact is not denied that none of the injured suffered any grievous injury and remained as indoor patient. They were discharged after they were given first aid. Although the occurrence, took place long back, yet challan has not been presented against the parties. Even otherwise when the parties have come to terms and they arc not longer nourishing any ill will against each other. The chances of success in each case are very bleak and no useful purpose will be served if the proceedings were continued. In order to maintain the cordial relations between the parties and in the greater interest-at justice, I allow this petition and quash F.I.R. No. 24 dated 4.6.1992, registered at Police Station, Banur. Petition allowed.