IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-16468 of 2009 Date of decision: 13.08.2009 Chand Ram son of Sh. Satpal and others .....PETITIONERS VERSUS State of Haryana and another ..... RESPONDENTS CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. R.S.Mamli, Advocate, for the petitioners. Mr. Yash Pal Malik, AAG, Haryana. Mr. K.V.Singh, Advocate, for respondent No. 2. *** AUGUSTINE GEORGE MASIH, J. (ORAL) The present petition is for quashing of FIR No. 130 dated 18.08.2007 registered under Sections 328/379 of the Indian Penal Code, Police Station Chandi Mandir, Panchkula, District Panchkula and all consequential proceedings arising out therefrom on the basis of a compromise, which has been entered into between the petitioners and respondent No. 2-complainant, on whose behest, the present FIR was registered. Counsel for the petitioners contends that it was primarily a Crl. Misc. No. M-16468 of 2009 -2- misunderstanding between the parties, which has led to registration of the present FIR. The misunderstanding having been removed, the parties have entered into a compromise. In acknowledgment thereof, the affidavit of Raj Kumar dated 18.05.2009 has been placed on record as Annexure P-2. He contends that the FIR, therefore, may be quashed. Upon notice having been issued, respondent No. 2 has put in appearance before this Court and has filed an affidavit in the Court today, wherein the factum of compromise having been entered into between the parties has been accepted by him and it has further been stated that he has no objection if the FIR against the petitioners is quashed. He further states that there is no grudge against the petitioners now. Sh. Raj Kumar s/o Kamleshwari Manda resident of Village Gangsera is present in Court, as has been identified by his counsel and admitted the factum of compromise and has further stated that the FIR in question, which was recorded on his behest and all consequential proceedings arising therefrom may be quashed in the light of the compromise. In view of the compromise having been entered into between the parties and the acknowledgment thereof by both the parties, it would be in the interest of justice that the FIR in question and all consequential proceedings arising therefrom are quashed so that peace and harmony between the parties may prevail. 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 Crl. Misc. No. M-16468 of 2009 -3- 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 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, no useful purpose would be served if the proceedings are continued before the trial Court. Crl. Misc. No. M-16468 of 2009 -4- Accordingly, the present petition is allowed. FIR No. 130 dated 18.08.2007 registered under Sections 328/379 of the Indian Penal Code, Police Station Chandi Mandir, Panchkula, District Panchkula along with all consequential proceedings are hereby quashed. ( AUGUSTINE GEORGE MASIH ) JUDGE August 13, 2009 pj