RAJINDER KUMAR @ BABBU Vs. STATE OF PUNJAB AND ANOTHER
LAWS(P&H)-2012-9-543
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 13,2012

RAJINDER KUMAR @ BABBU Appellant
VERSUS
State of Punjab and Another Respondents

JUDGEMENT

- (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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