IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-6951 of 2009 Date of Decision:- 05.08.2009 Manmohan Singh and others ....Petitioner(s) vs. State of Punjab and another ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Rajesh Bhatheja, Advocate, for the petitioners. Mr.K.S.Sidhu, DAG, Punjab. Mr.Kulbhushan Soi, Advocate, for complainant-respondent No.2. *** AUGUSTINE GEORGE MASIH, J. (Oral) Short reply by way of affidavit dated 5.8.2009 filed court is taken on record. The present petition is for quashing of F.I.R.No.214 dated 27.10.2008 under Sections 324, 323, 148 and 149-B IPC registered at Police Station Garhshankar, District Hoshiarpur and all other consequential proceedings arising therefrom on the basis of a compromise dated 12.2.2009 (Annexure P-2) which has been entered into between the parties. Counsel for the petitioner submits that the F.I.R. in the present case may be quashed on the basis of the compromise entered into between the parties. Upon notice having been issued, reply by way of a short affidavit of complainant Baljinder Singh son of Paramjit Singh, resident of Village Panam Police Station Garhshankar, District Hoshiarpur has been Crl.Misc.No.M-6951 of 2009 -2- filed in Court. A perusal of the same would show that the factum of compromise having been entered into due to the intervention of the Panchayat is admitted and it has further been stated therein that complainant-Respondent No.2 has no objection if the F.I.R. lodged at his behest be quashed along with all consequential proceedings arising therefrom. Complainant-Baljinder Singh son of Paramjit Singh, who is present in Court, and has been identified by his counsel, states that a compromise has been entered into between the parties and with the intervention of the Panchayat, the dispute has been amicably resolved and he does not want to pursue the matter any further. Since the compromise has been entered into between the parties leading to an amicable resolution of the dispute which had arisen primarily because of some misunderstanding and in a heat of moment, with the intervention of the elders and responsible members of the society, it would be in the interest of justice that the FIR in question be quashed. A Larger Bench of this Court in the case of Kulwinder Singh & Ors. Vs. State of Punjab & Anr. 2007(3) RCR (Criminal) 1052, while discussing the scope of quashing of prosecution on the basis of compromise, in exercise of powers under Section 482 Cr.P.C., even in non-compoundable offence(s), has held as under:- “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 social amity and reduces friction, then it truly is “finest hour of justice”. Disputes which have their genesis in a matrimonial discord, landlord-tenant Crl.Misc.No.M-6951 of 2009 -3- 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 absence of any premonitions to forecast and predict eventualities 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 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.” Therefore, in view of the discussion above, since the parties have amicably settled the matter, which is otherwise in the interest of justice and appears to have been effected to promote peace and harmony amongst the parties, the instant petition is allowed. Consequently, impugned F.I.R.No.214 dated 27.10.2008 under Sections 324, 323, 148 and 149-B IPC registered at Police Station Garhshankar, District Hoshiarpur, and all other consequential proceedings arising therefrom are hereby quashed. August 05, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE