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2010 DIGILAW 1012 (PNJ)

Sukhpreet Inder Singh v. State of Punjab

2010-02-25

DAYA CHAUDHARY

body2010
JUDGMENT Daya Chaudhary, J. (Oral) - The present petition has been filed under Section 482 Criminal Procedure Code for quashing of FIR No. 139 dated 19.12.2009 registered at Police Station Kot, Ise Khan, District Moga under Sections 324, 452, 427, 336, 148, 149 Indian Penal Code and Section 326 Indian Penal Code which was added later on, on the basis of compromise (Annexure P-2) dated 13.12.2009 between the parties. 2. Respondent Nos. 2 and 3 namely Kapil Dev and Vivek Sharma, who have been identified by their counsel, have stated in the Court that they have no objection if the present-FIR is quashed. 3. In view of the statement made by respondent Nos. 2 and 3, no purpose will be served if the case is tried because as per the compromise respondents will not support the case and it will merely be a wastage of precious time of this Court. 4. It has been observed by Honble Supreme Court of India in Mrs. Shakuntala Sawhney v. Mr. Kaushalya Sawhney and others, 1980(1) SCC 63 that "the finest hour of justice arrives propitiously when the parties, despite following apart bury the hatchet and weave a sense of fellowship of reunion." 5. Relying on the views adopted by the Honble Supreme Court, the Five Judges Bench of this Court also observed in Kulwinder Singh and others v. State of Punjab and another [2007(3) All India Criminal LR (Pb. & Hry.) 818], that compounding of offence which are not compoundable under Section 320(9) Criminal Procedure Code but parties entering into compromise, this Court has the power under Section 482 Criminal Procedure Code to allow compounding of non-compoundable offences and quash the prosecution where the Court felt that the same was required to prevent the abuse of any Court or to otherwise secure the ends of justice. The present one is a case covered by the views observed by Honble the Supreme Court of India in the judgment mentioned above and, is therefore, a fit case to quash the FIR. 6. In view of the above, FIR No. 139 dated 19.12.2009 registered at Police Station Kot Ise Khan, District Moga under Sections 324, 452, 427, 336, 148, 149 Indian Penal Code and Section 326 Indian Penal Code added later on and all subsequent proceedings arisen out of the same are quashed. Accordingly, the petition stands disposed of. Petition disposed of.