ROHIT KUMAR @ ROHIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Mega Lok Adalat was held on 20th and 21st of December, 2008. Judicial Magistrate Ist Class, Ropar presiding the Mega Lok Adalat had addressed a communication to the District and Sessions Judge, Ropar. The relevant portion of the communication read as under :- "This version of the prosecution coming through the statement of Mandip Kaur wife of Paramjit Singh is that on 28.12.2005 at about 3-0 p.mk. When she was present at her residential house engaged in domestic chores, her husband was away to the fields, Rohit Kumar son of Paramjit Singh (accused) trespassed into her house and taking the advantaged of absence of her husband, he tried to outrage her modesty. When Mandip Kaur resisted to the illegal act of Rohit Kumar, Rohit Kumar got entangled with Mandip Kaur. As a result of which Mandip Kaur fell down on the ground and sustained a few simple injuries on her person. The challan in this case has already been presented. The accused has been charge sheeted. During the trial of the case the parties have moved a joint application before the undersigned in the pre Mega Lok Adalat held on 22.11.2008. Vide that application they made a request to the court that they should be allowed to compound the matter as they have peacefully settled their disputes. The statements of the parties have been recorded. Since, the offence under Section 452 of the IPC is non compoundable under the provisions of Section 320 of the Cr.P.C., therefore, your honour may kindly give us further directions to deal with the matter. The original statement of the parties and the application are being enclosed herewith for your kind perusal."

(2.) IN the present case FIR No. 108 dated 29.12.2005 was registered at Police Station Kurali under Sections 452, 354, 323 IPC. Statements of Mandeep Kaur complainant and Rohit Kumar alias Rohit Singh were recorded. The Bench of the Lok Adalat had recorded that FIR cannot be quashed as offence under Section 452 IPC is non compoundable offence. The request of the Lok Adalat has been forwarded to this Court by Administrative Judge of Ropar Sessions Division. The Registry has treated the same on judicial side and had put up the same before this Court.

(3.) IT has been held in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052 that where a compromise has been effected between the parties, continuation of criminal proceedings will serve no useful purpose. Therefore, the impugned FIR along with all subsequent proceedings is quashed. Petition stands disposed off. Order accordingly.