Criminal Misc. No. M-17538 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-17538 of 2008 Date of decision:- 30.7.2008 [ENTITY] Petitioner. Versus [ENTITY] and others Respondents.
CORAM: HON'BLE MR. JUSTICE [ENTITY] Present: Mr. [ENTITY] , Advocate for the petitioner.
Mr. [ENTITY], DAG, Punjab.
Mr. [ENTITY], Advocate for respondent no. 2.
[ENTITY] J.
Prayer in the present petition is for quashing of FIR No. 53 dated 4.4.2007 registered under [SECTION], [SECTION], [SECTION], [SECTION], [SECTION] [ACT] at police station Balachaur, District Nawanshahar, on the basis of compromise arrived at between the parties.
Learned counsel for the petitioner submitted that the dispute between the parties has been compromised with the intervention of the respectables of both the parties. A copy of compromise is placed on record as Annexure P-2. The prayer is that once the dispute between the parties has been settled amicably, the FIR in question be quashed. Reliance has been placed upon a five Judge Bench judgment of this Court in [PRECEDENT] v. [ENTITY], 2007(3) Law Herald (P&H) 2225.
The facts stated by the learned counsel for the petitioner have not been disputed by learned counsel for respondent no. 2 . A short reply by way of an affidavit of respondent No.2 has been placed on record in Court wherein the factum of compromise between the parties is admitted and it is further stated that he does not have any objection in case, the FIR in question is quashed.
While dealing with issue of quashing of FIR on the basis of compromise a Bench consisting of five Hon'ble Judges of this Court in [PRECEDENT]'s case (supra) approving minority view in [PRECEDENT], opined as under:-
"27. To conclude, it can safely be said that there can never be any hard and fast category which can be prescribed to enable the Court to exercise its power under [SECTION], of the [ACT] The only principle that can be laid down is the one which has been incorporated in the Section itself, i.e., "to prevent abuse of the process of any Court" or "to secure the ends of justice".
28. In [PRECEDENT], Hon'ble [ENTITY], J. aptly summoned up the essence of compromise in the following words:-
"The finest hour of justice arrives propitiously when parties, despite falling apart, bury the hatchet and weave a sense of fellowship of reunion."
The power to do complete justice is the very essence of every judicial justice dispensation system. It cannot be diluted by distorted perceptions and is not a slave to anything, except to the caution and circumspection, the standards of which the Court sets before it, in exercise of such plenary and unfettered power inherently vested in it while donning the cloak of compassion to achieve the ends of justice.
29. No embargo, be in the shape of [SECTION] of the [ACT], or any other such curtailment, can whittle down the power under [SECTION] of the [ACT]
30. The compromise, in a modern society, is the sine qua non of harmony and orderly behaviour. It is the soul of justice and if the power under [SECTION] of the [ACT] is used to enhance such a compromise which, in turn, enhances the social amity and reduces friction, then it truly is "finest hour of justice". Disputes which have their genesis in a matrimonial discord, landlord- tenant matters, commercial transactions and other such matters can safely be dealt with by the Court by exercising its powers under [SECTION] of the [ACT] in the event of a compromise, but this is not to say that the power is limited to such cases. There can never be any such rigid rule to prescribe the exercise of such power, especially in the absence of any premonitions to forecast and predict eventualities which the cause of justice may throw up during the course of a litigation.
31. The only inevitable conclusion from the above discussion is that there is no statutory bar under the [ACT] 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] of the [ACT], in order to prevent the abuse of law and to secure the ends of justice.
32. The power under [SECTION] of the [ACT] is to be exercised Ex-Debitia Justitia to prevent an abuse of process of Court. There can neither be an exhaustive list nor the defined para-meters to enable a High Court to invoke or exercise its inherent powers. It will always depend upon the facts and circumstances of each case. The power under [SECTION] of the [ACT] has no limits. However, the High Court will exercise it sparingly and with utmost care and caution. The exercise of power has to be with circumspection and restraint. The Court is vital and an extra-ordinary effective instrument to maintain and control social order. The Courts play role of paramount importance in achieving peace, harmony and ever-lasting congeniality in society. Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of a Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery."
Compromise in modern society is the sine qua non of harmony and orderly behaviour. As observed by [ENTITY] J., the finest hour of justice arrives propitiously when parties despite falling apart, bury the hatchet and weave a sense of fellowship of reunion. Inherent power of the Court under [SECTION] [ACT] is not limited to matrimonial cases alone. The Court has wide powers to quash the proceedings even in non- compoundable offences in order to prevent abuse of process of law and to secure ends of justice, notwithstanding bar under [SECTION] [ACT] Exercise of power in a given situation will depend on facts of each case. The duty of the Court is not only to decide a lis between the parties after a protracted litigation but it is a vital and extra-ordinary instrument to maintain and control social order. Resolution of dispute by way of compromise between two warring groups should be encouraged unless such compromise is abhorrent to lawful composition of society or would promote savagery, as held in [PRECEDENT]'s case (supra).
Keeping in view the enunciation of law as referred to above and applying the same to the facts and circumstances of the present case, once the matter has been compromised between the parties, no useful purpose will be served by proceeding with the prosecution. Accordingly, FIR No. 53 dated 4.4.2007 registered under [SECTION], [SECTION], [SECTION], [SECTION], [SECTION] [ACT] at police station Balachaur, District Nawanshahar and all subsequent proceedings arising therefrom are quashed.
The petition is disposed of accordingly.
July 30, 2008 ( [ENTITY] ) ritu-II JUDGE