IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-7881 of 2009. Date of Decision : August 27, 2009. Piara Singh son of Alka Singh and others, all residents of Nayagaon, Tehsil Mohali, District Mohali. ...... Petitioners. Versus. State of Punjab, and another. ..... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. Malkeet Singh, Advocate, for the petitioners. Mr. Aman Deep Singh Rai, A.A.G. Punjab, for the respondent No. 1-State. Mr. P.L. Singla, Advocate, for the respondent No. 2-complainant. AUGUSTINE GEORGE MASIH, J. (ORAL). The prayer in the present petition is for quashing of F.I.R. No. 298, dated 11.10.2004 under Sections 432/34 I.P.C. registered at Police Station Mohali, District Ropar, and all other consequential proceedings arising therefrom on the basis of a compromise entered into between the parties, copy whereof has been placed on record as Annexure-P-2. Counsel for the petitioners contends that because of misunderstanding, which had crept in and on that basis it was asserted that the petitioners had blocked the drain, which led to the registration of the present F.I.R. against the petitioners. The said blockage, which was done by the petitioners, hads since been removed. He further contends that a panchayati compromise has been entered into between the parties, wherein it has now come on record that the drainage water through the pipes are Criminal Misc. No. M-7881 of 2009. properly being carried and there is no obstruction in the flow of water. In the light of compromise, counsel for the petitioners prays for quashing of the F.I.R. in question and all consequential proceedings arising therefrom. Counsel for the respondent No. 2-complainant has filed an affidavit of the complainant Balwinder Kaur-respondent No. 2, according to which the factum of compromise having been effected, come into effect between the parties, has been accepted. It has further been stated therein that the respondent No. 2-complainant has no objection, if the F.I.R. in question be quashed by this Court alongwith all consequential proceedings arising therefrom in the light of compromise entered into between the parties. Smt. Balwinder Kaur-respondent No. 2-complainant is present in the Court (as has been identified by her counsel). She states that in the light of compromise, which has been entered into between the parties, she would not like to pursue the matter any further and the blockage, which had come into existence because of the acts of the petitioners, having been removed and since then the flow of the water in the drainage system is clear, the F.I.R. in question and all consequential proceedings arising therefrom , if quashed, she would have no objection. Counsel for the respondent-State, on instructions from A.S.I. Bimal Krishan, Police Station Nayagaon, District Mohali, who is also present in the Court, also in the light of compromise does not have any objection to quashing of F.I.R. and all other consequential proceedings arising therefrom. The purport and purpose for having law is smooth running of the Society at large, with the intervention of panchayat and responsible members of the Society, the purpose of amicable resolution of dispute leadding to smooth functioning of the Society and its members is -2- Criminal Misc. No. M-7881 of 2009. achieved. That being so, the interest of justice would require that the present petition be allowed. Reliance can be made upon the Larger Bench Judgment of this Court in the case Kulwinder Singh and others Versus State of Punjab and another 2007(3) R.C.R. (Criminal) 1052, while discussing the scope of quashing of prosecution on the basis of compromise, by this Court in exercise of powers under Section 482 Cr.P.C., even in non-compoundable offences, 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.” -3- Criminal Misc. No. M-7881 of 2009. 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. 298, dated 11.10.2004 under Sections 432/34 I.P.C. registered at Police Station Mohali, District Ropar, and all other consequent proceedings arising there from are quashed. (AUGUSTINE GEORGE MASIH) JUDGE August 27, 2009. sjks. -4-