- (1.) Gulab Singh, Manu alias Mankanwalpreet Singh, Inder Preet Singh alias Harpreet Singh alias Happy alias Sonu and Parminder Singh have brought this petition under the provisions of section 482 Cr. P.C. for quashing of FIR No. 77 dated 01.12.2011 registered at Police Station Kot Isse Khan, District Moga for an offence punishable under sections 148, 452 324, 323, 506 read with section 149 of Indian Penal Code alongwith all the subsequent proceedings arising out of the same, on the basis of compromise arrived at between the parties.
(2.) Annexure P2 is the compromise between the parties. Mr. K.B.S.Mann, Advocate has appeared on behalf of respondents No. 2 and 3 and he has admitted the factum of compromise. He has also stated that there is no undue pressure on respondents No. 2 and 3, i.e. the complainant and his injured son for reaching this compromise and that no undue benefit is derived by the petitioners under the terms of the compromise. In support of this, an affidavit of Amrik Singh, the complainant, has also been placed on record as Annexure P3.
(3.) As per the ratio of a decision of a Larger Bench of five Hon'ble Judges of this court in Kulwinder Singh and others Vs. State of Punjab and another, 2007 3 RCR(Cri) 1052, the cases for offences which are non-compoundable and are not matrimonial offences can also be quashed on the basis of compromise. In Kulwinder Singh's case it has been held as under:- "29. The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C. which can affect the inherent power of this Court under Section 482. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in non-compoundable offences notwithstanding the bar under Section 320 of the Cr.P.C., in order to prevent the abuse of law and to secure the ends of justice.";