BALKAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of the above mentioned two criminal miscellaneous petitions i.e. Criminal Misc. No.M -23502 of 2013 filed by Balkar Singh, Joga Singh, Dalbir Kaur alias Beero, Nirmal Kaur and Rajbir Kaur under Section 482 Cr.P.C. for quashing of FIR No.19 dated 16.5.2013 for the offences under Sections 326, 323, 324, 148 and 149 IPC registered at Police Station Shekhwan, Police District Batala, District Gurdsaspur (Annexure -P.1) and Criminal Misc. No.M -23707 of 2013 filed by Gurmej Singh, Sukhwinder Singh, Baldev Singh, Manjit Kaur and Baljit Singh for quashing of cross -version registered in FIR No.19 dated 16.5.2013 vide Rapat No.8 dated 19.5.2013 for the offences under Sections 323, 324, 148 and 149 IPC (Annexure -P.1) on the basis of compromise.

(2.) ON 23.7.2013, learned Illaqa Magistrate, Batala was directed to send reports with regard to the genuineness/validity or otherwise of the compromise dated 5.7.2013 (Annexure -P.2) recorded in Criminal Misc. No.M -23502 of 2013 and on 3.10.2013 of compromise dated 5.7.2013 (Annexure -P.3) recorded in Criminal Misc. No.M -23707 of 2013 after recording the statements of all the concerned parties. In compliance of the above, the learned Judicial Magistrate Ist Class, Batala has sent his reports vide letter dated 7.8.2013 in Cr. Misc. No.M -23502 of 2013 and vide letter dated 15.10.2013 in Cr. Misc. No.M - 23707 of 2013, wherein statements of both the parties in two petitions have been recorded. The complainant in both the cases have admitted the factum of compromise with the accused -petitioners. The complainant in both the cases have also admitted that said compromise was effected without any coercion or pressure and they have no objection if above said FIR and cross -version are quashed.

(3.) AFTER giving my thoughtful consideration to the matter, it may be noticed that the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, has held that the inherent jurisdiction of this Court under Section 482 Cr.P.C. can be exercised to quash the proceedings in respect of criminal cases arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry etc. or the family disputes where the wrong is basically private or personnel in nature and the parties have resolved their entire dispute even though they are not compoundable. The Hon'ble Supreme Court after having interpreted the relevant provisions, has held in para 57 of the judgment as follows: -