LAKHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners have approached this Court by way of instant petition under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.') invoking its inherent jurisdiction for quashing of FIR No.16 dated 24.03.2011, under Sections 452, 342, 354, 323, 341 read with Section 34 of the Indian Penal Code ('IPC' for short), registered at Police Station Kabar Wala, District Sri Muktsar Sahib and the consequential proceedings arising therefrom, on the basis of compromise.

(2.) NOTICE of motion was issued.

(3.) IN compliance of the order dated 23.05.2014 passed by this Court, the parties got their statements recorded before the learned trial court. Consequently, report dated 05.07.2014 sent by Judicial Magistrate Ist Class, Malout, has been received which is available on record of the case alongwith the statements of the parties. Learned Magistrate has reported that the parties have made their statements voluntarily and without any pressure. The compromise arrived at between the parties has been found to be a genuine one. Learned counsel for the petitioner submits that the parties have decided to bury the hatchet and are living peacefully. Learned counsel for the petitioners further submits that continuation of the impugned FIR and subsequent criminal proceedings arising therefrom, are liable to be quashed in the interest of justice. Having heard the learned counsel for the parties and after going through the record of the case, this Court is of the considered opinion that it is a fit case for exercising the inherent jurisdiction of this Court under Section 482 Cr.P.C., so as to secure the ends of justice. It is so said because the parties have arrived at an out of Court settlement by way of compromise (Annexure P -2). The compromise is without any pressure and a genuine one. In such a situation, continuation of the prosecution would result in sheer abuse of process of law.