AMIT KUMAR @ KHOTI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY way of this petition under Section 482 of the Code of Criminal Procedure, 1973 (for brevity, the Code), petitioner, the accused, in FIR No.50 dated 21.09.2010 registered under Sections 304 (later converted to 304A) of the Indian Penal Code (for short, 'the IPC'), at Police Station Shahpur Kandi, District Gurdaspur, seek quashing of the aforesaid FIR saying that the matter has been amicably settled between them and complainant/respondent No.2 as evidenced by the deed of compromise dated 19.10.2013 (Annexure P -3). 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 trial Court has submitted a report dated 03.12.2013 affirming that the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion. Complainant/respondent No.2, through his counsel, has also no objection if the afore -stated FIR and proceedings arising therefrom are quashed.

(2.) FROM the above it is established that the parties to the lis have resolved the inter se dispute amicably and to live in peace and harmony. Reference may be made to a Five -Judges Bench decision of this Court in Kulwinder Singh v. State of Punjab, 2007(3) RCR(Crl.) 1052:2007(3) PLR 439:2007(2) ILR (Punjab) 338:2007(3) AICLR 818:2007(4) CCR 280:2007 (59) AIC 435:2007(4) CTC 769: 2007(4) KLT 245, wherein it has been held as under:

(3.) IT is anybody's guess that the parties having entered a compromise, possibility of the trial resulting into conviction of the accused is remote and bleak and that being so continuation of criminal proceedings would visit the accused with great oppression, prejudice and extreme injustice. Rather it would be unfair and contrary to the interest of justice, or say abuse of the process of the Court, if the criminal proceedings are allowed to continue. Ends of justice would be met only if the criminal proceedings are put to an end because this would allow the parties to translate their desire to live in peace into reality. The only consideration for the compromise reached between the parties seems to be their desire to bury the hatchet for all times to come. The compromise is also found to be in the interest of public at large, for, it will add to the peace of the society and will promote peaceful co -existence. The Courts are bound to play role of paramount importance in achieving peace, harmony and ever -lasting congeniality in society. Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of the Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery