Crl. Misc. No. M-37003 of 2010 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No. M-37003 of 2010 (O&M) Date of Decision : 26.09.2011 Karamjit Singh & others .......... Petitioners Versus State of Punjab & another ...... Respondents **** CORAM :HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present:- Mr. D.R. Singla, Advocate for the petitioners. Mr. G.S. Brar, Asstt. A.G., Punjab. *** AUGUSTINE GEORGE MASIH , J. (ORAL) This petition has been preferred for quashing of FIR No. 24 dated 8.04.2009 registered under Sections 447, 379, 341, 506, 34 IPC at Police Station Boha, District Mansa. On 2.2.2011, this Court had passed the following order :- “The present petition has been filed on behalf of the petitioners namely, Karamjit Singh, Jagtar Singh alias Tara and Surinder Singh for quashing of FIR No. 24 dated 8.4.2009 under Sections 447, 379, 341, 506 and 34 IPC registered at Police Station Boha, District Mansa on the basis of compromise annexed as Annexure P-2 with the petition. Adjourned to 23.3.2011. Crl. Misc. No. M-37003 of 2010 -2- Learned State counsel also seeks time to file reply. Reply be filed within two weeks with an advance copy to the counsel opposite. Meanwhile, the parties are directed to be present before the trial Court on 15.2.2011 or any other date convenient to the Court for recording statements of the parties. The trial Court is directed to record the statements of both the parties to its satisfaction to know its genuineness that the statements are not the result of any pressure or coercion in any manner. The trial Court is also directed to send a report with regard to validity or otherwise of the compromise effected between the parties or whether any case is pending against either of the parties or not before the next date of hearing.” In compliance with this order report has been submitted by the Judicial Magistrate Ist Class, Budhlada, wherein it has been concluded that there appears to be no pressure or coercion on both parties for entering into compromise. The report is taken on record. In the light of the compromise entered into between the parties dated 10.12.2010 (Annexure P-2) the interest of justice would be duly served by quashing the FIR and all other consequential proceedings arising therefrom as no useful purpose would be served by further protracting the trial and agony of the criminal proceedings in the light of the amicable settlement of the disputes between the parties both Crl. Misc. No. M-37003 of 2010 -3- Civil and Criminal on the basis of the law settled by a Larger Bench of this Court in the case of Kulwinder Singh & Ors. Vs. State of Punjab & Anr. 2007(3) RCR(Criminal) 1052, where while discussing the scope of quashing of prosecution on the basis of compromise, in exercise of powers under Section 482 Cr.P.C., even in non-compoundable offence(s), it was 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 eventualities which the cause of justice may throw up during the course of a litigation. 29. The only inevitable conclusion Crl. Misc. No. M-37003 of 2010 -4- 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.” The dispute having been amicably resolved and there being no objection to the quashing of the FIR counsel for the State could not oppose the same, present petition is allowed. FIR No. 24 dated 8.04.2009 registered under Sections 447, 379, 341, 506, 34 IPC at Police Station Boha, District Mansa is hereby quashed along with all other consequential proceedings arising therefrom. 26.09.2011 (AUGUSTINE GEORGE MASIH) 'sp' JUDGE