IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-33477 of 2009 Date of decision : 11.2.2010 Sukhjinder Singh …. Petitioner Versus State of Punjab and another …. Respondents Present: Mr. S.S. Hira, Advocate for the petitioner. Mr. VPS Sidhu, AAG, Punjab. Mr. Kulwant Singh, Advocate for respondents No.2 and 3 with Gurdip Singh (respondent No.2) and Gursharan Singh (respondent No.3) in person. **** S.S. SARON, J. Affidavits of Gurdip Singh (respondent No.2) and Gursharan Singh (respondent No.3) filed in Court today are taken on record. The petition has been filed under Section 482 of the Code of Criminal Procedure (“CrPC” – for short) seeking quashing of the FIR No. 195 dated 6.11.2009 (Annexure P1) registered at Police Station Garhshankar, District Hoshiarpur for the offences under Sections 323 and 324 Indian Penal Code (“IPC” – for short) and all consequential proceedings in pursuance thereof. The FIR has been registered on the statement of Gurdip Singh (respondent No.2). It is submitted that on account of a street quarrel that occurred on 5.11.2009, the present case has been Crl. Misc. No. M-33477 of 2009 [2] registered on 6.11.2009. Now, with the intervention of respectables and relatives, the matter has been amicably settled and a compromise dated 17.11.2009 (Annexure P2) has been entered into. Moreover, Gurdip Singh (respondent No.2) has deposed an affidavit dated 17.11.2009 (Annexure P3). In terms of the compromise (Annexure P2), it is recorded that a compromise had been effected between both the parties by the Gram Panchayat and respectable residents of the village. The parties belong to the same village. Therefore, it is submitted that with a view to maintain peace and amity in the village, it would be just and expedient that the FIR is quashed. Respondents No.2 and 3 are present in Court and are identified by ASI Balwinder Singh, Police Station Garhshankar. Respondents No.2 and 3 have stated that they have no objection to the quashing of the FIR and they have also filed their affidavits dated 22.1.2010 in this regard in Court today, which have been taken on record. The dispute between the parties is personal in nature. Besides, the case involves offences under Sections 323 and 324 IPC and the case is at its initial stage as the FIR was registered on 6.11.2009. In Madan Mohan Abbot v. State of Punjab (2008) 4 SCC 582 it was observed by the Supreme Court as follows:- We need to emphasise that it is perhaps advisable that in disputes where by question involved is of a purely personal nature, the Court should ordinarily accept the terms of the compromise even in criminal Crl. Misc. No. M-33477 of 2009 [3] 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 the time so saved can be utilized in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground realities and bereft of the technicalities of the law. Besides, a five Judges Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007 (3) RCR (Crl.) 1052 has observed as follows:- “ 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. No embargo, be in the shape of Section 320 (9) of the CrPC, or any other such curtailment, can whittle down the power under Section 482 of the CrPC. Crl. Misc. No. M-33477 of 2009 [4] 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 CrPC is sued 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 482 of the CrPC 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”. Learned State counsel on instruction from ASI Balwinder Singh, Police Station Garhshankar has submitted that the State would have no serious objection to the quashing of the FIR if it is for the sake of peace and amity in the village. Crl. Misc. No. M-33477 of 2009 [5] Keeping in view the above facts and circumstances, FIR No. 195 dated 6.11.2009 (Annexure P1) registered at Police Station Garhshankar, District Hoshiarpur for the offences under Sections 323 and 324 IPC and all consequential proceedings in pursuance thereof shall stand quashed. (S.S. SARON) JUDGE February 11, 2010 amit