JUDGEMENT
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(1.) Rajinder Kumar alias Babbu, the petitioner has filed this
petition under the provisions of section 482 Cr. P.C. for quashing of FIR
228 dated 6.9.2007 (Annexure P1) registered at Police Station Sadar,
Jalandhar, for an offence punishable under sections 406 and 420 of
Indian Penal Code alongwith all the subsequent proceedings arising out
of the same, on the basis of compromise arrived at between the parties.
A written compromise between the parties is placed on record as
Annexure P2 where it is shown that the matter stands settled between
the parties.
(2.) Vide orders dated 31.7.2012 passed by this court, the parties
were directed to appear before learned Illaqa Magistrate on 14.08.2012
in order to make statements there with regard to the compromise arrived
at between them. The Addl. Chief Judicial Magistrate, Jalandhar
recorded statements of the parties and submitted her report vide letter
dated 8.9.2012. According to her, the parties have compromised the
matter.
(3.) Compromise not only brings peace and harmony between the
parties to a dispute but restores tranquility in the society. 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, has taken the following view in the matter of quashing the FIR in a
case for non compoundable offences other than matrimonial offences:
"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."
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