The court's decision established the wide plenitude of the court's inherent power under Section 482 Cr.P.C. to quash criminal proceedings, considering the nature of the offenses and the genuineness of the compromise.

JUDGMENT :

Sureshwar Thakur, J.

CRM-2403-2022 IN CRM-M-48135-2021 & CRM-2405-2022 IN CRM-M-47982-2021

1. The instant applications have been filed for preponing the date of hearing of main case.

For the reasons recorded in the applications, the applications are allowed. Both the main cases are taken up today.

Main case

1. This common order shall dispose of both above petitions, as, they arise out of the main version, as, averred in the FIR (supra), and, its cross version, as, carried in the DDR.

2. These petitions have been filed under Section 482 of the Cr.P.C., by the petitioners seeks quashing of FIR No.225, dated 22.09.2021, constituting therein offences, under Sections 336/427 of the IPC, 1860 & under Sections 25, 27 of The Arms Act, 1959, lodged at Police Station Cantonment District Police Commissioner ate Amritsar, District Amritsar, and, its cross case registered vide G.D. No.34 dated 23.09.2021, lodged under Sections 336/427 of the IPC, 1860 & under Sections 25, 27 of The Arms Act, 1959, and, also of all consequential proceedings arising therefrom, hence on the basis of compromise (Annexure P- 2) arrived at between the parties.

2. When both the instant petitions came up before this Court on 17.11.2021, and, on 18.11.2021, this Court, made the hereinafter extracted orders.

CRM-M-48135-2021

“1. Notice of motion.

2. Mr. Kirat Singh Sidhu, DAG, Punjab, waives service of notice on behalf of respondent No. 1.

3. Mr. Prince Sharma, Advocate puts his appearance on behalf of respondent No. 2.

4. Before proceeding to quash FIR No. 225 dated 22.9.2021, registered at Police Station Cantonment, District Police Commissioner ate Amritsar, District Amritsar, it is deemed appropriate to make directions upon the Illaqa Magistrate concerned to, after summoning the petitioners, and, respondent No. 2, and, after his recording their respective testifications, with respect to the voluntariness, and also, with respect to the authenticity of the compromise drawn amongst them, as embodied in Annexure P-2, to make a report with respect to the compromise (supra).

5. The learned Magistrate is also directed to disclose in his report, (a) whether after completion of investigation, report under Section 173 Cr.P.C. has been filed; (b) whether charge has been drawn against the accused; and (c) whether the prosecution evidence has commenced.

6. The afore made report be ensured to be transmitted to this Court within three weeks.

7. For the afore purpose, list on 25.1.2022.”

CRM-M-47982-2021

“1. Notice of motion.

2. Mr. Kirat Singh Sidhu, DAG, Punjab, waives service of notice on behalf of respondent No. 1.

3. Mr. Satnam Singh, Advocate puts his appearance on behalf of respondent No. 2.

4. Before proceeding to quash the cross-version i.e. G.D. No. 34, dated 23.9.2021, as arisen out of FIR No. 225 dated 22.9.2021, registered at Police Station Cantonment, District Police Commissioner ate Amritsar, District Amritsar, it is deemed appropriate to make directions upon the Magistrate concerned to, after summoning the petitioners, and, respondent No. 2, and, after his recording their respective testifications, with respect to the voluntariness, and also, with respect to the authenticity of the compromise drawn amongst them, as embodied in Annexure P-2, to make a report with respect to the compromise (supra).

5. The learned Magistrate is also directed to disclose in his report, (a) whether after completion of investigation, report under Section 173 Cr.P.C. has been filed; (b) whether charge has been drawn against the accused; and (c) whether the prosecution evidence has commenced.

6. The afore made report be ensured to be transmitted to this Court within three weeks.

7. For the afore purpose, list on 21.1.2022.”

3. The afore made orders by this Court on 17.11.2021, and, on 18.11.2021 have been complied with by the learned Magistrate concerned, and, the elicited report has been placed on record. A perusal of the report, transmitted to this Court, by the learned Magistrate concerned, reveals