Crl. Misc. No.M-34213 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-34213 of 2009 Date of Decision: 03.03.2010 Narender Pal @ Banty ....Petitioner Versus State of Haryana and another ...Respondent CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. Raj Mohan Singh, Advocate for the petitioner. Mr. Sanjiv Sura, Addl. A.G., Haryana Mr. Surender Kr. Biriwal, Advocate for respondent No.2. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. (ORAL) This is a petition under Section 482 Cr.P.C. for quashing of the FIR No.306 dated 22.08.2009 under Sections 323/506 IPC at Police Station Safidon, District Jind on the basis of compromise dated 05.10.2009. The said compromise is placed on record as P-2. The FIR was registered against the present petitioner by respondent No.2-Vinod Kumar son of Uggarsein. As per the allegations in the FIR, some unknown persons attacked on the respondent from behind and inflicted injuries on his both legs with lathis. On suspicion, he named the present petitioner. Subsequently, the matter was compromised. The compromise is also placed on record as P-2. A separate statement to that Crl. Misc. No.M-34213 of 2009 2 effect has also been recorded. As per the compromise and the statement, the complainant has no objection, if the said FIR is quashed. The Full Bench of this Court, in the case of Kulwinder Singh and others vs. State of Punjab and another 2007(3) RCR (Criminal) 1052 has held that 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 482 of the Cr.P.C 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 not only in matrimonial discord but others as well, such compromise deserves to be accepted. It is further held as under :- “ 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.” In the case of Madan Mohan Abbot vs. State of Punjab 2008(4) S.C. Cases 582, the Apex Court emphasised and advised as under :- “ We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful Crl. Misc. No.M-34213 of 2009 3 litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.” Taking into account the allegations in the FIR, the compromise and the statement made by the complainant, it is fit case where there is no impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C for quashing of the FIR. In view of the settled position of law, it would be just and proper to quash the FIR for peace and harmony. Accordingly, the present petition is allowed and FIR No.306 dated 22.08.2009 under Sections 323/506 IPC at Police Station Safidon, District Jind, is hereby quashed in the interest of justice. (NIRMALJIT KAUR) 03.03.2010 JUDGE gurpreet