SHAMSHER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. seeks quashing of the FIR No. 879 dated 25.12.1995, under Sections 406/498-A of the Indian Penal Code, registered at Police Station, City Karnal and all subsequent proceedings arising therefrom, on the basis of a compromise which has been entered into between the parties. It is brought to the notice of the Court that the compromise has been arrived at after the petitioners have been convicted. However, it is submitted that the conviction notwithstanding, this Court has the powers under Section 482 Cr.P.C. to order the compounding of the offence. In support of this view, learned counsel cites Mahesh Chand and another v. State of Rajasthan, 1990(3) Recent C.R. 332, wherein the Hon'ble Supreme Court, in similar circumstances, has permitted the compounding of the offence. In that case, the petitioners had been prosecuted under Section 307 IPC and had been convicted by the trial Court. The matter was compromised whilst the appeal was pending.

(2.) IN view of the above, it would be necessary to examine the compromise between the parties. The parties are present in Court. The parties have been identified by their respective counsel. Smt. Sneh Kadan, who is present in Court, has stated that compromise has been entered into on her own will and that there is no coercion or undue influence. She further stated that she wants to put an end to the litigation.