The court has the power under Section 482 of the Cr.P.C. to prevent abuse of process of law and secure the ends of justice, and can quash criminal proceedings based on a genuine and voluntary compromise between the parties.

JUDGMENT

Sanjay Vashisth , J. (Oral) - The present petition under Section 482, Cr.P.C., has been filed by the petitioners, for quashing of FIR No. 0121, dated 18.09.2017 (Annexure P-1), for the offences punishable under Sections 342, 323, 506, 149 of IPC, at Police Station Sadar Bathinda, District Bathinda, and all the consequential proceedings arising therefrom, on the basis of compromise/affidavit dated 11.12.2020 (Annexure P-2).

2. Vide order dated 21.12.2020, the affected parties were directed to appear before the learned trial Court/Illaqa Magistrate, for getting their respective statements recorded with regard to the compromise. The trial Court/Illaqa Magistrate was to submit a report in this regard giving certain details as enumerated in the said order.

3. Pursuant to the order dated 21.12.2020, passed by this Court, the parties have appeared before learned Judicial Magistrate Ist Class, Bathinda, and as per report dated 07.01.2021, submitted to this Court, both CRM-M-43159-2020 - 2 - the parties have got recorded their respective statements in Court. The operative part of the report received from learned Court below is as under:-

'Therefore, as per the statement of parties, court-official and investigating officer, report on following points is hereby submitted as under:

(i) Genuineness of the compromise: It is respectfully submitted that in compliance to directions given by the Hon'ble Punjab & Haryana High Court vide its order dated 21.12.2020 passed in CRM-M-43159-2020 the statements of complainant Manjeet Kaur and accused persons namely Balwinder Singh, Parkash Kaur, Raj Kaur, Vidya Kaur, Amar Singh and Jeet Kaur were recorded separately with regard to the compromise.

The afore mentioned persons have stated that compromise has been effected with the intervention of respectables. They have categorically stated that they have given the statement out of their free will without any external pressure or coercion.

Therefore, this Court is of the view that compromise arrived between the complainant & accused is genuine and entered voluntarily & without any pressure.

(ii) Number of accused persons involved in this case: As per the statements of retired SI Charanjeet Singh (Investigating Officer) and Ahlmad of this Court, in the present FIR No. 121 dated 18.09.2017 under Sections 342,323,506,149 of IPC, PS Sadar, Bathinda, six persons namely Balwinder Singh, Parkash Kaur, Raj Kaur, Vidya Kaur, Amar Singh and Jeet Kaur were arrayed as accused.

(iii) Whether any of the accused has been declared proclaimed offender or not on or before the adjourned date: As per the statements of retired SI Charanjeet Singh (Investigating Officer) and Ahlmad of this Court, in the present FIR No. 121 dated 18.09.2017 under Sections 342,323,506,149 of IPC, PS Sadar, Bathinda, none of the accused persons have been declared Proclaimed Offender.

Accordingly, the report of the trial Court/Illaqa Magistrate as directed by the Hon'ble Punjab & Haryana High Court alongwith statements of both parties, statement of Investigating Officer S] Charanjeet Singh & statement of Ahlmad of this court Ms. Vatsal is submitted for your kind perusal. The next date before the Hon'ble High Court is 25.02.2021.'

4. Learned counsel for the petitioners urged that due to intervention of the respectable and elderly people of the society, the matter has been resolved and private parties have effected a compromise dated 11.12.2020 (Annexure P-2). At present, there remains no dispute amongst the private parties. He further submits that in view of the compromise so effected between the private parties, pendency of the impugned FIR and consequential proceedings emanating therefrom would be sheer abuse of the process of law.

5. Learned State counsel as also learned counsel for respondent No.2, after going through the statements and the report received from learned Court below, very fairly admit that the private parties have resolved their dispute and effected a compromise and that they have n