Crl. Misc. No.M-28550 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-28550 of 2010 Date of Decision: 09.11.2010 Karamjit Singh and others ....Petitioners Versus State of Punjab & another ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. S.S. Brar, Advocate for the petitioners. Mr. P.S. Paul, D.A.G., Punjab for the respondent-State. Mr. T.P.S. Tung, Advocate for respondent No.2. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. (ORAL) This is a petition under Section 482 Cr.P.C. for quashing of the FIR No.445 dated 04.11.2009 registered at Police Station Kharar, District SAS Nagar under Sections 324, 323 and 34 IPC and also the charge framed by the trial Court in pursuance to the FIR on the basis of compromise. The FIR was registered against the present petitioners by respondent No.2-Mani Karan Singh, who is present in the Court, in person, alleging therein that the present petitioners have caused injuries to the complainant. The petitioners are also present in the Court, in person. Aggrieved parties are also present in the Court and have filed their respective affidavits. Due to the intervention of the respectable persons of Crl. Misc. No.M-28550 of 2010 2 the area, the compromise has been effected between the parties. They are now living peacefully. There is no grudge between them. As per the compromise, the complainant respondent No.2-Mani Karan Singh does not wish to pursue the above mentioned FIR against the petitioners. It is duly stated by respondent No.2 that the matter has been compromised and he has no objection, if the said FIR is quashed. The matter having been compromised, it is 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. The Full Bench of this Court, in the case of Kulwinder Singh and others vs. State of Punjab and another 2007(3) RCR (Criminal) 1052 has held that 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 not only in matrimonial discord but others as well, such compromise deserves to be accepted. It is further held 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.” In the case of Madan Mohan Abbot vs. State of Punjab 2008(4) S.C. Cases 582, the Apex Court emphasised and advised as under :- “ We need to emphasise that it is Crl. Misc. No.M-28550 of 2010 3 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.” The cause of dispute was that the accused Karamjit Singh was making a street in Village and respondent No.2 tried to stop him from making the same because of that they inflicted injuries to him. The matter has now been compromised. Taking into account the settled position of law, the Court deems it proper to accept the compromise in the interest of justice and the FIR is quashed in order to promote peace, harmony as well as to allow the parties to now move on in life. The matter having been compromised, the continuation of the litigation would be a futile exercise. Accordingly, the present petition is allowed and FIR No.445 dated 04.11.2009 registered at Police Station Kharar, District SAS Nagar under Sections 324, 323 and 34 IPC and also the charge framed by the trial Court in pursuance to the FIR on the basis of compromise are hereby quashed in the interest of justice. (NIRMALJIT KAUR) 09.11.2010 JUDGE gurpreet