- (1.) The present petition has been filed under Section 482 of the Code of Criminal Procedure on behalf of petitioners, namely, Honey Kochhar alias Hanish Kumar and Ashoki Brahaman alias Ashok Kumar, for quashing of F.I.R. No.173 dated 08.09.2011, under Section 307 read with Section 34 of Indian Penal Code and Sections 25 and 27 of Arms Act registered at Police Station Moga City, District Moga, on the basis of compromise arrived at between the parties.
(2.) While issuing notice of motion on 15.03.2012, parties were directed to appear before the Illaqa Magistrate for recording of their statements with regard to the compromise and the Illaqa Magistrate was directed to record the statements of both the parties and to send a report in this regard.
(3.) In response to the said directions issued by this Court, a report in this regard has been sent by the Chief Judicial Magistrate, Moga, which is on record wherein the factum of compromise has been affirmed. It has also been mentioned in the report that the compromise effected between the parties is without any pressure and undue influence on either side. It has also been mentioned that there was some misunderstanding between the parties which has been sorted out and now no dispute remains pending between the parties and no other case is pending against the parties. Respondents No.2 to 4 have specifically stated in the statements that they have entered into compromise voluntarily and the said compromise is without any pressure or coercion. They have also stated that they have no objection in quashing of the proceedings pending against the petitioners. Since the matter has been compromised between the parties, I am of the considered view that continuation of impugned criminal proceedings between the parties would be an exercise in futility. The complainant himself does not want to pursue these proceedings and it shall be merely a formality and sheer wastage of precious time of the Court as complainant would not support the case of prosecution in view of compromise between the parties. It would be in the interest of the parties as well as in the larger interest of the societal peace and harmony and in order to save both the families from avoidable litigation, the compromise arrived at between them is accepted by this Court.;