Advocates:
Advocate Appeared:
For the Appellant :Mr. Ritesh Pandey, Advocate
For the Respondent:Mr. Neeraj Madaan, Sr. DAG, Punjab, assisted by ASI Surinder Kumar., Mr. Vinod Pundir, Advocate

JUDGMENT :

Mahabir Singh Sindhu, J.

- Present petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.20 dated 11.05.2016 (P-1), under Sections 326 & 452 read with Section 34 of the Indian Penal Code, 1860, registered at Police Station, Qadian, District Batala, along with all consequential proceedings arising therefrom on the basis of compromise dated 29.09.2022 (P-2), entered into between the parties i.e. petitioners as well as respondent No.2.

2. Allegations are that petitioners in connivance with each other, trespassed into the property of complainant; and caused injuries to him with sharp-edged weapons.

3. At the outset, learned State counsel apprised the Court that during pendency of the present case, petitioner No.1-Harjit Singh @ Jeeta has since died on 05.10.2023 and the petition qua him be disposed off as having been rendered infructuous.

Ordered accordingly.

4. This Court, while issuing notice of motion on 09.01.2024, passed the following order:-

"Contends, inter alia, that matter has been compromised between the parties, i.e. petitioners as well as respondent No.2.

(2) Notice of motion.

(3) Mr. Joginder Pal Ratra, Sr. DAG, Punjab, accepts notice on behalf of respondent No.1-State.

(4) Mr. Vinod Pundir, Advocate, causes representation on behalf of respondent No.2 and acknowledged the factum of compromise between the parties, i.e. petitioners as well as respondent No.2.

(5) Requisite number of copies of the petition be supplied to learned Counsel for the respondents during the course of day.

(6) Petitioners shall file their respective affidavits that there is no other criminal case(s) pending against them and also give the details of any other FIR(s), already quashed on the basis of compromise.

(7) In view of the above, let parties appear before the Court of learned Illaqa Magistrate/trial Court on or before 31.01.2024 for recording their statement(s) with reference to the compromise, if any, entered into between them.

(8) Learned Illaqa Magistrate/trial Court shall record the statement(s) of all accused, complainant/injured and victim, if any, and submit a report to this Court before the next date of hearing containing the following information:-

(9) List before this Court on 04.03.2024 for further consideration.

(10) Meanwhile, learned State Counsel shall also get the instructions in the matter as to whether the State has any objection?

(11) Copy of this order be sent to learned Judicial Officer concerned forthwith for information and strict compliance.."

5. In terms of aforesaid order, statements of both the parties were recorded and a report dated 22.02.2024 has been submitted in this regard by learned Judicial Magistrate First Class, Batala. The operative part of the same reads as under:-

" After considering the statements of the parties as well as the statement of I.O, this Court is of the view that the compromise between the parties in the present case is genuine and valid."

6. A perusal of the aforesaid report clearly reveals that the matter has been compromised by both the parties with their free consent, voluntarily and without any coercion or undue influence. Even before this Court also, there is no objection by either of the parties against the compromise.

7. Learned State Counsel, on instructions from the police officer present in the Court, also submitted that they have no objection in case the aforesaid FIR as well as consequential proceedings are quashed on the basis of the compromise effected between the parties.

8. Hon'ble the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, has held as under:-

"61. The position that emerges from the above discussion can be summarised thus : the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitat