The voluntary nature of the compromise and the court's power to prevent abuse of the process of law by quashing proceedings based on genuine compromises.

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. 0256, dated 09.11.2020 (Annexure P-1), for the offences punishable under Sections 341, 323, 324, 506, 34 of IPC, registered at Police Station City Rajpura, District Patiala, and all the consequential proceedings arising therefrom, on the basis of compromise dated 11.01.2021 (Annexure P-2).

2. Vide order dated 05.03.2021, 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 05.03.2021, passed by this Court, the parties have appeared before learned Sub Divisional Judicial Magistrate, Rajpura, and as per report dated 22.04.2021, submitted to this Court, both the parties have got recorded their respective statements in Court. The operative part of the report received from learned Court below is as under:-

' Statement of ASI Singh-l428 Patiala, P.S. City Rajpura, Investigating Officer of present case has also been recorded, who stated that in the present case FIR was got registered by complainant Sahil Wadhwa against four persons namely Mukesh Kumar @ Ganni son of Sh.Khushi Rahul son of Mukesh Kumar @ Ganni, Abhishek son of Mukesh Kumar @ Ganni all residents of H.No.276I, near Durga Mandir, Rajpura Town, Tehsil Rajpura Distt. Patiala and Bhavnesh Kumar @ Prem son of Sh. Khushi Ram H.No. 2763, near Durga Mandir, Rajpura Town, Tehsil Rajpura Distt. Patiala and no other person is involved as accused in this case. Investigating Officer further stated that accused are not arrested in this case and till date challan has also not been presented in the court. He further stated that no other proceedings between the parties are pending.

Thus, from the statement of complainant it is clear that the matter has been compromised voluntarily between the parties and same is genuine, without any undue influence, coercion or pressure. Further as per statement of Investigating officer, it is clear that accused are not arrested in this case, and they are not appearing in the court, and no other proceeding is pending between the parties.

Undersigned has also questioned the complainant about the veracity & genuineness of compromise and the Undersigned is of the view that the compromise is genuine, voluntary and without any coercion & undue influence upon complainant and in this case accused persons are not appearing in the court and no other proceeding between the parties is pending.'

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 11.01.2021 (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 no objection if the impugned FIR and all the consequential proceedings are quashed on the basis of the compromise.

6. The Full Bench of this Court in the matter of Kulwinder Singh and others v. State of Punjab and another, 2007 (3) RCR (Criminal) 1052, has observed as under:

'(28) To conclude, it can safely be said that there can never be any hard and fast category which can be prescribed to enable the Court to exercise its power under Section 482 of the Cr.P.C. The only principle that can be l