Swaran Singh And Another v. State Of Punjab And Another
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Present:
Mr. B.D.Sharma, Advocate for the petitioners. Ms. Ruchika Sabherwal, DAG, Punjab.
Mr. Kashmiri Lal, Advocate for Mr. Lalit Chander Sharma, Advocate for respondent No.2. **** )) , -&.
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Petitioners have approached this Court by way of instant petition under Section 482 Cr.P.C. invoking its inherent jurisdiction for quashing of FIR No.195 dated 21.05.2020 under Sections 323/341/3545A IPC, 1860 registered at Police Station Sadar Tarn Taran, District Tarn Taran and all the consequential proceedings arising therefrom, on the basis of compromise. 2.
On 31.05.2023, parties were directed to appear before the Trial Court/Illaqa Magistrate and get their statements recorded with regard to the compromise arrived at between them.
3.
The trial Court was directed to record the statements of all the concerned and send its report regarding genuineness and voluntary nature of the compromise.
4.
In compliance of the order dated 31.05.2023, learned Additional Chief Judicial Magistrate, Tarn Taran has recorded the statements of the parties and submitted the report, the relevant para whereof reads as under:5
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Learned counsel for the petitioners contend that as per the allegations in the FIR, the petitioners had abused, torn the shirt and gave beatings to respondent No.2. During the course of investigation, the offence under Section 3545A IPC has been deleted. The petitioners are the brothers5in5law of respondent No.2 and residing in the same village. An amicable settlement will help in maintaining cordial relations between the parties in future. 6.
Learned State counsel has also acknowledged the fact that the offence under Section 3545A IPC has been deleted vide DDR No.41 dated 23.05.2020, registered at Police Station Sadar Tarn Taran, District Tarn Taran. 7.
Learned counsel for respondent No.2 states that he has no objection if FIR is quashed.
8.
After hearing the learned counsel for the parties and 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 because the parties have arrived at a settlement, out of the Court, by way of compromise. 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.
9.
The controversy in the instant case does not indicate that the same involves heinous or serious offences and furthermore, the private dispute of the close relatives has been sought to be amicably settled. Consequently, a deserving case is made out where the court should exercise the power to secure the ends of justice.
10.
For the aforesaid view, this Court finds support from
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11.
Considering the peculiar facts and circumstances of the case noted above, coupled with the reasons aforementioned and to secure the ends of justice, FIR No.195 dated 21.05.2020 under Sections 323/341/3545A IPC, registered at Police Station Sadar Tarn Taran, District Tarn Taran and all the consequential proceedings arising therefrom, are ordered to be quashed, however, qua the petitioners only.
12.
Resultantly, with the above5said observations made, the instant petition stands allowed.
13.07.2023 .)) , /
Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No