IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No.34994 -M of 2009 DATE OF DECISION : APRIL 20, 2010 ASHWANI KUMAR ALIAS LUCKY & ORS. ....... PETITIONER(S) VERSUS STATE OF PUNJAB & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Vikas Sharma, Advocate, for the petitioner(s). Ms. Rajni Gupta, Addl.AG, Punjab. Mr. JBS Gill, Advocate, for respondents 2 to 4. AJAI LAMBA, J. (Oral) This petition under Section 482, Code of Criminal Procedure, has been filed for quashing of cross case registered under Daily Diary Entry No.57-A dated 6.4.2009 under Sections 148, 452, 324, 323, 149, Indian Penal Code, Police Station, Sadar Hoshiarpur (Annexure P-1). Learned counsel for the petitioners contends that case FIR bearing No. 107 dated 6.4.2009 under Sections 148, 323, 324, 326, 452, 149, Indian Penal Code, was registered in Police Station, Sadar Hoshiarpur. In regard to the same incident, a cross case was recorded under Daily Diary Entry No.57-A dated 6.4.2009. The FIR has already been quashed by this court while dealing with CRM 34904-M of 2009, vide order dated Criminal Misc. No.34994 -M of 2009 2 12.1.2010. The parties have settled all their disputes by way of compromise (Annexure P-2). Learned counsel for the respondent-complainant in the cross case has endorsed the fact that all the disputes between the parties have been settled and prays that the cross case be also quashed. I have considered the contentions. A reference to the present case finds mention in order dated 12.1.2010, passed in CRM 34904-M of 2009, whereunder the FIR has been quashed, on the basis of compromise (Annexure P-2). A Full Bench (5 Judges) of this Court has considered the issue of quashing of proceedings in view of compromise in Kulwinder Singh vs. State of Punjab, 2007(3) RCR(Criminal) 1052 (Full Bench). The following has been held in paras 28 to 30:- “28. 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 so- cial 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 482 of the Cr.P.C 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 ab- sence of any premonitions to forecast and predict eventuali- ties which the cause of justice may throw up during the course of a litigation. 29. The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C which can af- fect the inherent power of this Court under Section 482. Fur- ther, 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. Criminal Misc. No.34994 -M of 2009 3 30. The power under Section 482 of the Cr.P.C is to be exer- cised 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 cir- cumstances of each case. The power under Section 482 of the Cr.P.C 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 a vital and an extra ordinary effective instrument to main- tain and control social order. The Courts play role of para- mount importance in achieving peace, harmony and ever-last- ing 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.” Considering the fact that the parties have settled all their disputes and the FIR has already been quashed, cross case registered under Daily Diary Entry No.57-A dated 6.4.2009 under Sections 148, 452, 324, 323, 149, Indian Penal Code, Police Station, Sadar Hoshiarpur (Annexure P-1) is hereby quashed. April 20, 2010 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not? Whether the judgment should be reported in the Digest?