Crl. Misc.No.M 7836 of 2010 # 1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANAT AT CHANDIGARH. Crl. Misc.No.M 7836 of 2010 Date of Decision:-21.09.2010 Karamjit Kaur & Others. ......Petitioners. Versus State of Punjab & Another. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. Rajesh Bhatheja, Advocate for the Petitioners. Mr. Gaurav Garg Dhuriwala, AAG Punjab. Mr. Kulbhushan Soi, Advocate for Respondent no.2. *** JASWANT SINGH, J.(ORAL) Present petition under section 482 Cr.PC is for quashing of FIR No.88 dated 14.08.2009 under Sections 326, 323, 342, 365 and 34 of Indian Penal Code registered with police station Nihal Singh Wala, District Moga and all consequent proceedings arising therefrom on the basis of compromise dated 16.12.2009(Annexure P-2) arrived at between the parties. In the FIR, complainant-respondent no.2 Kartar Singh had Crl. Misc.No.M 7836 of 2010 # 2# levelled allegations against the petitioners that all of them armed with deadly weapons entered the fields of the complainant and stopped him from plaughing his fields and thereafter petitioner-Karamjit Kaur gave sword blow on the right hand of the complainant due to which his finger was cut off and petitioner Thaman Singh also gave dang blow on the left thigh of the complainant and petitioner Gurpeet Singh also gave dang blow o the left waist of the complainant and Karamjit Kaur also threatened the complainant to teach him lesson for ploughing their land. Upon notice of motion respondent no.2-complainant caused appearance through his Advocate. Both the parties had stated that parties have compromised the matter and made request for quashing of FIR. In view of the same report of the investigating officer was called as to whether the parties have entered into compromise in respect of the offences mentioned in the FIR. Earlier reply by way of affidavit dated 23.7.2010 of Surjit Singh, PPS, DSP Bagha Purana accompanied by statements of petitioners as well as respondent no.2-complainant had been received wherein the complainant has stated that he has compromised the matter with the petitioners and he do not want any action to be taken in the case registered by him. Status report of the investigating officer was called. Letter dated 9.9.2010 from the office of The Advocate General, Punjab accompanied by Status report in the shape of affidavit Crl. Misc.No.M 7836 of 2010 # 3# of investigating officer ASI Brij Mohan, P.S. Nihal Singhwala, District Moga, wherein it is stated that the parties have entered into compromise voluntarily on their own free Will and without any undue pressure while praying for passing of suitable order, has been taken on record. 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 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 Crl. Misc.No.M 7836 of 2010 # 4# 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 legal 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.88 dated 14.08.2009 under Sections 326, 323, 342, 365 and 34 of Indian Penal Code registered with police station Nihal Singh Wala, District Moga and all subsequent proceedings arising therefrom are quashed. ( JASWANT SINGH ) JUDGE 21st September, 2010 Vinay.