Shekher Dhawan, J
1. Present petition is for quashing of FIR No.59 dated 22.03.2018, under Sections 406 and 420 of IPC, registered at Police Station Adampur,
Jalandhar, on the basis of compromise dated 17.10.2018 (Annexure P-2).
2. Learned counsel for the parties have stated that the present FIR may be quashed as the parties have amicably settled the dispute.
3. During the course of preliminary hearing, the trial Court was directed to record the statements of all the concerned parties, with regard to the
genuineness and validity or otherwise of the compromise by this Court.
4. In compliance thereof, report from the Judicial Magistrate Ist Class, Jalandhar, has been received through District and Sessions Judge, Jalandhar,
with statement of parties, in which, it has been mentioned that the compromise is genuine and there was no undue influence or coercion from any side.
5. The Hon'ble Full Bench of this Court in case Kulwinder Singh vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052 and Hon'ble Division
Bench of this Court in case Sube Singh and another vs. State of Haryana and another, 2013(4) RCR (Criminal) 102 observed that compounding of
offence can be allowed even after conviction, during proceedings of the appeal against conviction pending in Sessions Court and in case of involving
non-compoundable offence.
6. An identical question came to be decided by the Hon'ble Supreme Court in case Gian Singh Versus State of Punjab and another. 2012(4) RCR
(Criminal) 543. Having interpreted the relevant provisions it was ruled as under:-
“57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding
or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the
offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the
guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to
quash the criminal proceeding or complaint or F.I.R. may be exercised where the offender and victim have settled their dispute would depend on the
facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due
regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be
fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have
serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention
of Corruption Act or the offences for any basis for quashing criminal proceedings involving such offences. But the criminal cases having
overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from
commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry etc. or the
family disputes where the wrong is basically private or personnel in nature and the parties have resolved their entire dispute. In this category of cases,
High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is
remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him
by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider
whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding
would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends
of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well
within its jurisdiction to quash the criminal proceeding.â€
7. The same view has been recently reiterated by Hon'ble the Apex Court in case Narinder Singh and others Vs. State of Punjab and another, 2014(2)
RCR (Criminal) 482.
8. Having regard to the contentions of learned counsel for the parties and the fact that in the present case FIR was registered and the case is at the
initial stage, both the parties to the litigation have entered into compromise and on that basis, the present petition under Section 482 Cr.P.C. has been
filed for quashing the present FIR. The compromise has been arrived at with the intervention of the respectable and family members and the parties
have decided to keep harmony between them and to live peacefully in future. Hence, it would be in the interest and justice that parties are allowed to
compromise the matter. Moreover, learned counsel for the parties are ad idem that, in view of the settlement of disputes between the parties, the
present petition deserves to be accepted in this context.
9. In view of above, the instant petition is accepted. Consequently, the impugned FIR No.59 dated 22.03.2018, under Sections 406 and 420 of IPC,
registered at Police Station Adampur, Jalandhar, and all other consequential proceedings arising thereto are hereby quashed, on the basis of
compromise, qua the petitioner only.
