- (1.) THIS petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.66 dated 27.8.2005 (Annexure -P.1) registered for the offences under Sections 454, 323 and 506 IPC at Police Station Badni Kalan, District Moga and all subsequent proceedings arising therefrom in view of the compromise (Annexure -P.3).
(2.) THE FIR has been registered on the statement of complainant - Darshan Singh on the allegations that the accused -petitioners attacked the complainant and his son when they were going to their fields for lightening the 'Jot' at the place of their forefather and they inflicted injures to them. It is stated that both the parties are closely related to each other. They are cousins and living in adjoining houses. There was minor dispute between the parties. The challan was presented in the Court and the petitioners were convicted for two years by the learned Sub Divisional Judicial Magistrate, Nihal Singh Wala vide its order dated 5.7.2013. The petitioners have filed an appeal before the learned Sessions Judge, Moga, which is pending. Now with the intervention of the respectable persons, the matter has been amicably settled between the parties and they do not want to persue the case against each other. Compromise (Annexure -P.3) has been entered into in this regard.
(3.) KEEPING in view the fact that the parties have entered into a compromise, they were directed to appear before learned trial Court for getting their statements recorded in support of the compromise. After doing the needful, learned District and Sessions Judge, Moga, before whom the appeal is pending, has sent his report dated 11.10.2013 submitting that the compromise arrived at between the parties is genuine and has been effected between the parties of their own free will and without pressure from any quarter. It has also been submitted that the accused have already been convicted in this case by the Court of Sub Divisional Judicial Magistrate, Nihal Singh Wala and appeal filed by them against the said conviction is pending before that Court. Complainant Darshan Singh has stated that with the intervention of the respectable of the village, a genuine compromise has been effected between them and the above mentioned accused persons. This has been done to bring harmony between them and to restore cordial relations between the parties and he has no objection if the petition moved under Section 482 Cr.P.C. by the accused persons is allowed and the aforesaid FIR and subsequent proceedings are quashed. Learned counsel for the petitioners has placed reliance on the judgment of Hon'ble Supreme Court in Dr. Arvind Barsaul etc. v. State of Madhya Pradesh and another, 2008 2 RCR(Cri) 910, to contend that proceedings after conviction can be quashed. I have gone through this judgment, wherein the First Appellate Court rejected the compromise petition stating that the offence under Section 498 -A IPC is not liable of compromise. The appellants being aggrieved from the said judgment of the First Appellate Court filed three separate petitions under Section 482 Criminal Procedure Code before the High Court for quashing the proceedings pending in the Court of Second Additional District and Sessions Judge, Gawalior. The High Court also declined to interfere in the matter. The appellants being aggrieved by the impugned judgment of the High Court have preferred the appeal. The Hon'ble Supreme Court has held that in the peculiar facts and circumstances of the case and in the interest of justice, continuation of criminal proceedings would be an abuse of the process of law. Therefore, in exercise of power under Article 142 of the Constitution, the criminal proceedings pending against the appellants emanating from the FIR were quashed.;