Jagsir Singh @ Sheera And Another vs State Of Punjab And Another on 29 January, 2009

      In the High Court of Punjab and Haryana at Chandigarh



                               Crl. Misc. No. M- 32081of 2008
                               Date of Decision:29-01-2009



Jagsir Singh @ Sheera and another

                                            ---Petitioners

                   versus


State of Punjab and another


                                            ---Respondents

Coram:       HON'BLE MRS. JUSTICE SABINA


Present:     Mr. Mu8nish Bansal,Advocate,
             for the petitioners

             Mr. Aman Deep Singh Rai, AAG, Punjab

             Mr.Amit Aggarwal, Advocate,
             for respondent No. 2




SABINA, J.

Petitioners-Jagsir Singh @ Sherra and Malkit Singh @ Tidda

have filed this petition under Section 482 of the Code of Criminal

Procedure (hereinafter referred to as ‘Cr.P.C.’) for quashing of FIR No. 19

dated 20.2.2006 under Section 457,380 of the Indian Penal Code

registered at Police Station Maur Mandi, District, Bathinda and all

subsequent proceedings arising therefrom on the basis of compromise

(Anneuxre P-2).

Learned counsel for the petitioners has submitted that the

parties have arrived at a compromise dated 15.11.2008 (Annexure P-2)

with the intervention of the relatives and common friends. Parties have

settled their dispute and the complainant did not want to proceed further
Crl. Misc. No. M- 32081of 2008 -2-

with the FIR, in question.

Learned State counsel has filed reply by way of affidavit of

Deputy Superintendent of Police, Talwandi Sabo, District Bathinda. A

perusal of the same reveals that the stolen articles were got recovered.

Learned counsel for the complainant-respondent No. 2 has

also placed on record an affidavit dated 29.1.2009 of the complainant

wherein he has stated that he has no objection if the FIR, in question, be

quashed as he has amicably settled the dispute with the petitioners and

entered into a compromise on 15.11.2008 without any fraud, fear or

coercion.

As per the Full Bench judgment of this Court in Kulwinder

Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052,

High Court has power under Section 482 Cr.P.C. to allow the

compounding of non-compoundable offence and quash the prosecution

where the High Court felt that the same was required to prevent the abuse

of the process of any Court or to otherwise secure the ends of justice. This

power of quashing is not confined to matrimonial disputes alone.

Since the parties have arrived at a compromise and have

decided to live in peace it would be just and expedient to quash the FIR,

in question.

Accordingly, this petition is allowed. FIR No. 19 dated

20.2.2006 under Section 457,380 of the Indian Penal Code registered at

Police Station Maur Mandi, District, Bathinda and all subsequent

proceedings arising therefrom are hereby quashed.

(SABINA)
JUDGE

January 29, 2009
PARAMJIT