CRM No.M 9635 of 2010(O&M) # 1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANAT AT CHANDIGARH. CRM No.M 9635 of 2010(O&M) Date of Decision:-04.08.2010 Manjinder Singh & Anr. ......Petitioner. Versus State of Punjab & Anr. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. Rahul Bhardwaj, Advocate for Mr. Arun Takhi, Advocate for the Petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. Mr. Deepak Verma, Advocate for Respondents No.2. JASWANT SINGH, J.(ORAL) Crl. Misc.No.17293 of 2010 Application seeking exemption from filing the certified copies of Annexures P-1 and P-2 is allowed as prayed for. CRM No.M 9635 of 2010 Present petition under section 482 Cr.PC is for quashing of FIR No.26 dated 1.2.2008 under sections 452, 324, 323, 506, 326 and 34 of the Indian Penal Code, registered at Police Station Mahilpur, CRM No.M 9635 of 2010(O&M) # 2# District Hoshiarpur and the subsequent proceedings arising therefrom on the basis of compromise dated 27.03.2010(Annexure P-2). The allegations against the petitioners are that they had sustained injuries in a fight between the complainant and the petitioners-accused. Upon notice complainant-respondent no.2 is present in the court and has been identified by his counsel. He states that he has amicably settled the dispute between him and the petitioners and he does not wish to pursue their prosecution. Their statement ot that effect has also been separately recorded. Learned State counsel on instructions from HC Gurdial Singh has opposed this plea. In view of the nature of the allegations and the injuries involved coupled with the disinclination by the complainant to pursue the case, no useful purpose would be served to permit the proceedings to continue. A Full Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052 has held that this Court, in appropriate cases, while exercising powers under Section 482 Cr.P.C., may quash an FIR disclosing the commission of non- compoundable offences. The relevant extracts read as under:- “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 CRM No.M 9635 of 2010(O&M) # 3# 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.” Similar views were expressed by Hon'ble the Apex Court in Madan Mohan Abot v. State of Punjab 2008(4) SCC 582, the relevant extract of which is as under:- “We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal 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 that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.” Keeping in view the above settled legal position and taking into account the fact that both the parties have desired to live in peace and harmony and carry on with their lives without any ill will or rancour by resolving their differences and entering into the aforesaid compromise, it is evident that it is a fit case where there is no impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C., for quashing of the FIR in the interest of justice. Accordingly, the present petition is allowed and FIR No.26 dated 1.2.2008 under sections 452, 324, 323, 506, 326 and 34 of the Indian Penal Code, registered at Police Station Mahilpur, District CRM No.M 9635 of 2010(O&M) # 4# Hoshiarpur and all subsequent proceedings arising therefrom, are quashed. ( JASWANT SINGH ) JUDGE 04th August, 2010 Vinay.