Crl. Misc.No.M 28545 of 2010 # 1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANAT AT CHANDIGARH. Crl. Misc.No.M 28545 of 2010 Date of Decision:-29.10.2010 Surta Singh. ......Petitioner. Versus State of Punjab & Ors. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. Rakesh Sharma, Advocate for Mr. Rajinder Kumar Singla, Advocate for the Petitioner. Mr. Gaurav Garg Dhuriwala, AAG Punjab. *** JASWANT SINGH, J. Prayer is under section 482 Cr.PC for quashing of FIR No.133 dated 25.9.2007 under Sections 323, 342, 148, 149 of Indian Penal Code registered with Police Station Lohian District Jalandhar and all the subsequent proceedings on the basis of compromise (P3) dated 13.9.2010 arrived at between the parties. In the FIR allegations levelled by the complainant against the petitioner is that on 17.9.2007 at about 9.00 PM when he was coming back to his home from his motor which is on the western side of the village in the way Surta Singh accompanied by 3-4 persons took him to the house of Surta Crl. Misc.No.M 28545 of 2010 # 2# Singh and gave beatings to him and inflicted injuries on the person of Hira Singh. While issuing notice of motion parties were directed to appear before the learned trial court for getting their statements recorded in terms of the compromise and submit its report regarding the genuineness of the compromise. Report (Mark-A) in the shape of letter dated 20.10.2010 of learned Judicial Magistrate Ist Class, Nakodar accompanied by photocopy of compromise submitted before the JMIC has been received wherein it is stated that the parties appeared before that court and suffered statements recorded separately in terms of the compromise and stated that the matter between the parties has been compromised and complainant has no objection if the aforesaid FIR and all consequential proceedings are quashed against them. From the report submitted it is evident that the dispute between the petitioner-accused and the complainant has been amicably resolved by entering into compromise wherein the complainant has stated that he has no objection if the present FIR against the petitioner-accused is quashed. Learned State Counsel is unable to raise any serious objection in view of the aforesaid compromise wherein the parties have deposed on the basis of the compromise 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:- Crl. Misc.No.M 28545 of 2010 # 3# “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 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 Crl. Misc.No.M 28545 of 2010 # 4# 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.133 dated 25.9.2007 under Sections 323, 342, 148, 149 of Indian Penal Code registered with Police Station Lohian District Jalandhar as well as the subsequent proceedings arising therefrom are quashed against the petitioner. ( JASWANT SINGH ) JUDGE 29th October, 2010 Vinay