NISHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY way of this petition under Section 482 of the Criminal Procedure Code, 1973 (for brevity, the Code), petitioners, the accused in First Information Report (for short, FIR) No. 129 dated 20.10.2011 recorded under Sections 323, 324, 326, 307, 34 of the Indian Penal Code (for short, the IPC), at Police Station Sri Hargobindpur, District Gurdaspur, seek quashing of the above FIR saying that the matter has been amicably settled between them and the complainant/victim(s) as evidenced by the deed of compromise dated 17.8.2013( Annexure P2).

(2.) BRIEF facts of the case are that petitioners and respondent No.2 had some dispute amongst themselves and due to this respsondent No.2 lodged the aforesaid first information report.While issuing notice of motion, the learned trial Court was asked to record statements of the parties concerned to find out if the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion. The learned trial Magistrate has submitted a report dated 10.1.2014 affirming that the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion.

(3.) THE Complainant and the State counsel have no objection if the FIR and proceedings arising therefrom are quashed. In B.S. Joshi v. State of Haryana and Anr., 2003 4 SCC 675, the husband was one of the appellants while the wife was Respondent No. 2 in the appeal before the Hon'ble Supreme Court. They were living separately for quite some time. An FIR was registered under Sections 498 -A/323 and 406 of the Indian Penal Code(for short,''the Code") at the instance of the wife. When the criminal case registered at the instance of the wife was pending, the dispute between the husband and wife and their family members was settled. Wife filed an affidavit that her disputes with the husband and the other members of his family had been finally settled and she and her husband had agreed for mutual divorce. Based on the said affidavit, the matter was taken to the High Court by both the parties and they jointly prayed for quashing of the criminal proceedings launched against the husband and his family members on the basis of the FIR registered at the wife's instance under Sections 498 - A and 406 IPC. The High Court dismissed the petition for quashingthe FIR as, in its view, the offences under Sections 498 -A and 406, Indian Penal Code were non -compoundable and the inherent powers under Section 482 of the Code could not be invoked to by -pass Section 320 of the Code. It is from this order that the matter reached the Hon'ble Supreme Court and the apex Court held that the High Court in exercise of its inherent powers could quash criminal proceedings or FIR or complaint and Section 320 of the Code did not limit or affect the powers under Section 482 of the Code and held as under: