JASWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONERS have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the FIR No.54 dated 22.03.2006 under Sections 323, 324, 325, 452, 148 and 149 of the Indian Penal Code, 1860 ('IPC' for short), registered at Police Station Tanda District Hoshiarpur and all the subsequent proceedings arising therefrom in view of the compromise arrived at between the parties. Vide order dated 25.09.2013, the trial court was directed to record the statements of the parties and send its report qua genuineness of the compromise.

(2.) IN pursuance to the said order, the trial court after recording the statements of the parties has reported that the compromise effected between the parties was without any pressure or coercion. As per the Full Bench judgment of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, High Court has power under Section 482 Cr.P.C. to allow the compounding of non -compoundable offence and quash the prosecution where the High Court felt that the same was required to prevent the abuse of the process of any Court or to otherwise secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone. Hon'ble the Apex Court in the case of Gian Singh vs. State of Punjab and another 2012 (4) RCR (Crl.) 543, has held as under: -