Bhupinder Singh & Ors. v. The State of Punjab & Anr.

CORAM:- HON'BLE MR. JUSTICE RAM CHAND GUPTA Present: Mr. R.S. Pandher, Advocate for the petitioners. Ms. Neelam, A.A.G., Punjab. Mr. B.S. Hundal, Advocate for complainant/respondent No.2. ******* RAM CHAND GUPTA, J.(Oral) The present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No.15 dated 15.02.2012 (Annexure P-1) under Sections 365, 323, 427, 506, 148 read with Section 149 of Indian Penal Code and Section 25 of Arms Act, 1959 registered at Police Station Mulepur, District Fatehgarh Sahib and all other consequential proceedings arising therefrom on the basis of compromise CRM M-11406 of 2012 -2- (Annexure P-2), having been entered between the parties. I have heard learned counsel for the parties and have gone through the record. It has been stated by learned counsel for the petitioners that the present case was registered against petitioners by respondent No.2 due to misunderstanding.

It has been contended that on the night of occurrence, there was an announcement in the village that some thieves had arrived and hence, villagers had to remain on guard. It is further submitted that petitioner No.1 along with Sarpanch of the village and other villagers was guarding the village properties in that night. It is further submitted that respondent No.2 was found near mobile tower installed in the village and hence, he was apprehended thinking that he was a thief and later on, he was released. It is further contended that there is no recovery of any fire-arm from petitioner No.1 and that rather the licensed fire-arm of petitioner No.1 was already lying with gun-house. It is further submitted that moreover, the case has since been compromised with the complainant-respondent No.2. Respondent No.2 – complainant also appeared in person with his counsel and filed reply by way of affidavit admitting the factum of compromise and stating that he is having no objection if the FIR and consequential proceedings are quashed.

Reply has also been filed on behalf of the State that matter has since been compromised between the parties and that they have CRM M-11406 of 2012 -3- already prepared untraced report in this case. In appropriate cases FIR can be quashed on the basis of compromise by exercising power under Section 482 Cr.P.C., even if the offences are not compoundable. It was so held by Full Bench of this Court in the case of Kulwinder Singh v. State of Punjab, 2007(3) RCR (Crl.) 1052. Since the parties have amicably settled the matter and compromise has been effected between them due to intervention of the respectable persons and relatives from both the sides, in the interest of harmonious relations between the parties, the present petition is allowed and the impugned FIR No. 15 dated 15.02.2012 (Annexure P-1) under Sections 365, 323, 427, 506, 148 read with Section 149 of Indian Penal Code and Section 25 of Arms Act, 1959 registered at Police Station Mulepur, District Fatehgarh Sahib along with all consequential proceedings qua petitioners Bhupinder Singh, Bhag Singh, Sandeep Singh @ Soni, Harinder Singh @ Bittu and Balvir Singh @ Beera is, hereby, quashed. September 21, 2012. Sachin M. ( RAM CHAND GUPTA ) JUDGE