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2006 DIGILAW 2013 (PNJ)

Dharampal Bajaj v. State Of Punjab

2006-05-10

H.S.BHALLA

body2006
Judgment H.S.Bhalla, J. 1. The petitioners have knocked the door of this Court under Section 482 of the Code of Criminal Procedure by virtue of which, they have prayed for quashing of FIR No. 140 dated 5.8.2004 under Sections 406/420 and 120-B of the Indian Penal Code, registered at Police Station City Kapurthala and subsequent proceedings arising therefrom on the basis of compromise (Annexure P-2) arrived at between the parties. 2. I have heard learned counsel for the parties and have gone through the record of the case. 3. Learned counsel for the parties have stated at the Bar that the dispute reported vide the aforesaid FIR has been settled amicably between the parties and a copy of compromise duly executed by the parties has been placed on record as Annexure P-2. Learned counsel further stated that pursuant to the compromise, complainant-respondent No. 2 has no objection if the FIR in question and subsequent proceedings taken thereon are quashed. 4. Since the matter has been compromised between the parties amicably; the complainant does not have any claim against the petitioners and he does not wish to pursue his criminal complaint arising out of the FIR against the petitioners, in such circumstances, it would be a futile exercise if the criminal proceedings are allowed to be continued between the parties. Even if the case is tried by a competent Court of law, respondent No. 2 is not likely to support the case of the prosecution. 5. To my mind, it is a fit case, where the Court must exercise its inherent power to quash the proceedings as well as the First Information Report and Section 321 of the Indian Penal Code does not limit or affect the powers of the High Court under Section 482 of the Code of Criminal Procedure since every order is required to be passed in the interest of the parties as well as in the interest of justice. 6. Considering the facts and circumstances of the instant case, I am of the view that it would not be in the interest of justice to continue with the proceedings against the petitioners in respect of FIR No. 140 dated 5.8.2004 under Sections 406/420 and 120-B of the Indian Penal Code, registered at Police Station City, Kapurthala and subsequent proceedings arising therefrom on the basis of compromise (Annexure P-2) arrived at between the parties. In the final analysis, there is no other option but to allow this petition and the FIR in question and also the subsequent proceedings taken thereon, are hereby quashed. Compromise deed (Annexure P-2) shall form a part of this order.