IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-13814 of 2009 (O/M) Date of decision: 26.11.2009 Gurmail Singh etc. ..Petitioners Versus State of Punjab & Anr. ..Respondents CORAM:HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. P.S. Hundal, Sr. Advocate with Mr. Dinesh Trehan, Advocate for the petitioners. Mr. A.S. Rai, AAG, Punjab. *** AUGUSTINE GEORGE MASIH, J. (Oral) Prayer in the present petition is for quashing of FIR No. 122 dated 23.8.2008 under Sections 353, 186, 323, 506, 34 IPC, Police Station Amargarh, Tehsil Malerkotla. Annexure P-1 and all consequential proceedings arising therefrom, on the basis of a compromise which has been entered between the petitioner and respondent No. 2 complainant. Compromise deed is dated 5.5.2009 which has been placed on record Annexure P-2. Counsel for the petitioner on the basis of the compromise entered into between the parties submits that the matter has been amicably resolved and the petitioners have accepted their fault. Complainant-respondent No. 2 Amrik Singh, S/o Bachan Singh accepted the apology and in the light of the appolgy submitted by the petitioners, complainant does not want to press the allegations against the petitioners and has no objection to the quashing of the FIR and all consequential proceedings arising therefrom. On the basis of the said compromise counsel for the petitioners prays that the present petition deserves to be allowed. Complainant-respondent No. 2 Amrik Singh S/o Bachan Singh is present in the Court. He has produced his identity card and voter card in proof of identity. He states that a compromise has been entered into between the parties which is dated 5.5.2009 and has been placed on record as Annexure P-2. In the light of the compromise, he does not want to press Crl. Misc. No. M-13814 of 2009 (O/M) -2- the allegations against the petitioners and has no objection to the quashing of the FIR in question and consequential proceedings arising therefrom. He further states that he does not want to press the allegtations against the petitioners as they have accepted their fault and has apologised to him, which he has accepted. In view of the above statement of the complainant Amrik Singh S/o Bachan Singh the matter having been amicably resolved and therefore, there being no dispute between the parties, it would be in the interest of justice that the FIR in question and all consequential proceedings arising therefrom may be quashed. This Court in the case of Mann Singh and another Versus State of Union Territory and another 2006 Volume 6 RCR Criminal 744 in similar circumstances quashed the FIR and all consequential proceedings wherein the parties had entered into a compromise. In the light of the compromise and the statement of complainant Amrik Singh S/o Bachan Singh, it would be in the interest of justice that the FIR in question and all consequential proceedings arising therefrom be quashed. 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 Crl. Misc. No. M-13814 of 2009 (O/M) -3- 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.” 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, FIR No. 122 dated 23.8.2008 under Sections 353, 186, 323, 506, 34 IPC registered at Police Station Amargarh, Tehsil Malerkotla, (Annexure-P-1), and all other consequent proceedings arising there from are quashed. November 26, 2009 (AUGUSTINE GEORGE MASIH) poonam-II JUDGE