GURPARTAP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through this petition, filed under Section 482 Cr.P.C., the petitioners have prayed for quashing of FIR No.118 dated 17.04.2018 (Annexure P-1) under Sections 323 and 324 read with Section 34 of Indian Penal Code registered at Police Station Phillaur, (Jalandhar Rural), District Jalandhar and the proceedings arising therefrom, on the basis of the compromise dated 30.08.2018 (Annexure P-2) entered into between the parties. Vide order dated 21.01.2019, the parties were directed to appear before the trial Court for recording of their statements and report was sought regarding compromise.

(2.) In deference to the said order, a report dated 01.03.2019 submitted by the Sub-Divisional Judicial Magistrate, Phillaur, District Jalandhar which reveals that as per statements made by the parties in the Court, they have voluntarily entered into a compromise and the Court is satisfied that the said settlement is without any fear, pressure, threat or coercion and out of their free will. It is also reported that petitioners have not been declared as proclaimed offender. Learned counsel for the petitioners contends that there is no case pending against the petitioners. Learned State counsel also does not dispute the factum of compromise between the parties. I have heard learned counsel for the parties and perused the case file.

(3.) The Full Bench judgment of this Court in Kulwinder Singh and others Vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, categorically held that the High Court has power under Section 482 Cr.P.C. to allow the compounding of non-compoundable offence and same is not confined to matrimonial disputes alone. The relevant para is extracted below :-