SUKHWINDER 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), petitioner, the accused, in First Information Report (for short, FIR) No. 117 dated 6.7.2008 under Sections 279, 337, 338 and 427 of the Indian Penal Code (for short, the IPC), recorded at Police Station City Malerkotla, District Sangrur, seeks quashing of the above FIR saying that the matter has been amicably settled between him and the complainant/victim(s) as evidenced by the deed of compromise dated 13.12.2013( Annexure P2).

(2.) THE FIR in question was recorded on the allegations that the petitioner, while driving bus No. PB13R 2037 hit the bus which the complainant/respondent No.2 was driving. Now, the parties have reached a settlement vide deed of compromise (Annexure P2). While issuing notice of motion, the 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 Sub Divisiional Judicial Magistrate, Malerkotla has submitted a report dated 12.2.2014 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. Impressing upon the courts to promote settlements in matrimonial cases, Hon'ble Supreme Court of India in Jitendra Raghuvanshi and Ors. Vs. Babita Raghuvanshi and Anr., 2013 4 AD(SC) 59 (decided On: 15.03.2013), ruled as under: