AMRITPAL SINGH @ KAKLI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE trial of the petitioner in case FIR No. 142 dated 26.09.2008, registered under Sections 323, 324, 325 and 326 IPC read with Section 34 IPC, Police Station Sadar Mansa, District Mansa has culminated into his conviction under the aforesaid heads and he has been substantively sentenced to undergo rigorous imprisonment for a period of two years with a fine of Rs. 11,000/ -. Out of the fine realized, 50% was ordered to be disbursed to the injured/ complainant Jagroop Singh. Fine is stated to be deposited by him before the Court below. His co - accused Kamal Kumar was acquitted of the charges. He has challenged the order of conviction and sentence by way of an appeal before the Court of Session. During the pendency thereof, it is claimed that the parties have entered into compromise with the intervention of respectable person. Compromise -deed (Annexure P -3) and affidavit of complainant Jagroop Singh (Annexure P -4), reiterating the factum of compromise, have been placed on record.

(2.) IN the reply filed on behalf of complainant -respondent no.2, it has been averred that pursuant to the compromise, the complainant has no objection if the proceedings are quashed and the judgment and order of conviction and sentence are set aside. Hon'ble the Apex Court in Gian Singh Vs. State of Punjab & Ors. 2012(10) SCC 303 has held as under: -

(3.) THE Larger Bench of this Court in the case of Kulvinder Singh & Ors. Vs. State of Punjab & Anr. 2007(3) RCR (Criminal) 1052, while discussing the scope of quashing of prosecution on the basis of compromise, by this Court in exercise of powers under Section 482 Cr.P.C., even in non -compoundable offence(s) has held that there is no statutory bar under the Cr.P.C. which can affect the inherent power of this Court under Section 482. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in non -compoundable offences notwithstanding the bar under Section 320 of the Cr.P.C., in order to prevent the abuse of law and to secure the ends of justice.