The court can exercise its inherent power under Section 482 Cr.P.C. to quash criminal proceedings in order to secure the ends of justice and prevent the abuse of the process of law, even in cases of non-compoundable offences.

JUDGMENT

Vikas Bahl, J. (Oral). - This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 115 dated 13.08.2020 under Sections 452, 324, 323 and 34 of the Indian Penal Code,1860 (Sections 325 and 326 IPC added later on) registered at Police Station Makhu, District Ferozepur (Annexure P-1) and all subsequent proceedings arising on the basis of the compromise.

2. On 23.12.2020, a coordinate Bench of this Court was pleased to pass the following order:-

'The case is taken up through video conferencing on account of COVID-19.

By filing this petition, quashing of FIR No. 115 dated 13.08.2020 under Sections 452, 324, 323 and 34 IPC (Sections 325 and 326 IPC added lateron) registered at Police Station Makhu, District Ferozepur and all other consequent proceedings arising therefrom has been sought on the basis of compromise.

Notice of motion.

Mr. Harpreet S. Multani, AAG, Punjab and Mr. Rahul Arora, Advocate accept notice on behalf of respondent No.1-State and respondents No. 2 to 4 respectively.

Parties may appear before concerned Illaqa Magistrate/Duty Magistrate/Chief Judicial Magistrate on 08.01.2021 or on any other date convenient to the said Court and get their statements recorded with regard to the compromise. The original compromise shall be produced before the said Court. In the event of their statements being recorded, the Court will send copies of the same to this Court before the next date of hearing along with his report:

i) regarding genuineness and voluntary nature of the compromise;

ii) whether all the accused/petitioners are appearing before the Court or are on bail; and iii)whether any other proceeding is pending against the accused/petitioners.

Adjourned to 09.03.2021.

Sd/- 23.12.2020 (HARINDER SINGH SIDHU) JUDGE'

3. In pursuance of the said order, a report has been submitted by the Sub Divisional Judicial Magistrate, Zira to the Registrar General of this Court. The relevant portion of the said report is reproduced hereinbelow:-

'Thereafter complainant Sukhdev Singh son of Balwinder singh has suffered a statement that:-

'Stated that I have compromised the matter with all the accused. The compromise is voluntarily with free consent. Original compromise is hereby produced.

1. The compromise is genuine and voluntarily and out of free will of the parties.

2. There are three accused arraigned in the FIR and all the accused have appeared before the court and no accused is PO in this FIR.

3. No other proceeding against accused is pending in any court.

I have no objection if the present FIR is quashed against all the accused".

Thereafter victim/witnesses Palwinder Kaur and Basant Singh have suffered a joint statement that:

"Stated that we have compromised the matter with all the accused.

1. The compromise is voluntarily with free consent. The compromise is genuine and voluntarily and out of free will of the parties.

2. There are three accused arraigned in the FIR and all the accused have appeared before the court and no accused is PO in this FIR.

3. No other proceeding against accused is pending in any court.

We have no objection if the present FIR is quashed against all the accused".

Thereafter accused

1. Ajit Singh,

2. Satpal Singh,

3. Amritpal Singh;

have suffered a joint statement that:-

"Stated that We have compromised the matter with opposite party. The compromise is voluntarily with free consent. Original compromise is hereby produced.

1. The compromise is genuine and voluntarily and out of free will of the parties.

2. There are three accused arraigned in the FIR and all the accused have appeared before the court and no accused is PO in this FIR.

4....

3. The accused have not filed any bail application in any court till date nor accused are in custody.

5. No other proceeding against accused is pending in any court".

I am satisfied that the parties have suffered statement with free consent and without any coercion undue influence or fear.

The original statements of persons as mentioned above and original compromise are attached along with.

Rep