PURAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed under Section 482 Cr.P.C. praying for quashing of complaint No. 122 -1/24.7.2007, RT No. 411A dated 8.8.2011 filed under Sections 323, 324, 506, 148 and 149 IPC (Annexure -P.1) and all subsequent proceedings thereto i.e. judgment of conviction and sentence dated 5.12.2012 (Annexure -P.2) passed by learned ACJM, Sri Muktsar Sahib in view of the compromise dated 23.11.2013 (Annexure -P.3).

(2.) THE complaint has been filed by complainant -Santokh Singh against the petitioners alleging that the accused -petitioners attacked him with common intention to kill him. They inflicted injuries with their respective weapons. On his raising alarm, when his wife Manjit Kaur came there and tried to rescue him, the accused caught hold of her and gave beatings to her also. Thereafter, the petitioners were convicted and sentenced on 5.12.2012 for the offences under Sections 323, 148 and 149 IPC by learned Additional Chief Judicial Magistrate, Sri Muktsar Sahib. Appeal against this judgment has been filed by the petitioners, which is pending for decision in the Court of learned Additional Sessions Judge, Sri Muktsar Sahib. Now with the intervention of the respectable persons and well wishers, a compromise has been arrived at in settling this dispute. The parties have decided to bury the hatchet. Compromise (Annexure -P.3) has been entered into in this regard.

(3.) LEARNED counsel for the petitioners has placed reliance on the judgment of Hon'ble Supreme Court in Dr. Arvind Barsaul etc. v. State of Madhya Pradesh and another, : 2008 (2) R.C.R. (Cr.) 910, to contend that proceedings after conviction can be quashed. I have gone through this judgment, wherein the First Appellate Court rejected the compromise petition stating that the offence under Section 498 -A IPC is not liable of compromise. The appellants being aggrieved from the said judgment of the First Appellate Court filed three separate petitions under Section 482 Criminal Procedure Code before the High Court for quashing the proceedings pending in the Court of Second Additional District & Sessions Judge, Gwalior. The High Court also declined to interfere in the matter. The appellants being aggrieved by the impugned judgment of the High Court have preferred the appeal. The Hon'ble Supreme Court has held that in the peculiar facts and circumstances of the case and in the interest of justice, continuation of criminal proceedings would be an abuse of the process of law. Therefore, in exercise of power under Article 142 of the Constitution, the criminal proceedings pending against the appellants emanating from the FIR were quashed.