CRL.M.NO.19899-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRL.M.NO.19899-M of 2010(O&M) DATE OF ORDER: 16.8.2010 Bhupinder Singh and others .....Petitioners vs. State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. S.S. Majithia, Advocate for the petitioners. Mr. Gaurav Garg Dhuriwala, AAG, Punjab for respondent No.1. Mr. Puneet Singla, Advocate for respondent No.2. JASWANT SINGH, J (ORAL) Crl.M.No.41740 of 2010 Application is allowed. Short reply on behalf of respondent No.2 is taken on record. Crl.M.No.19899-M of 2010 By filing the instant petition under Section 482 Cr.P.C, petitioners have prayed for quashing FIR No.12 dated 6.4.2010 under Sections 326/323/506/34 IPC, Police Station Daba, District Ludhiana on the basis of compromise (P.2). Allegations against the petitioners are that they have inflicted injuries on the person of respondent No.2-complainant on account of refusal being shown by the complainant to remove his Auto from the front of the shop of the petitioners. Upon notice, Sh. Puneet Singla, Advocate puts in appearance for respondent No.2-complainant. Complainant-respondent No.2 Sanpreet Singh is also present CRL.M.NO.19899-M of 2010 #2# in court and he has been identified by his counsel as well as Investigating Officer HC Jaswinderjit Singh. He has stated that he has amicably settled his dispute with the petitioners-accused. He has owned his signatures on the compromise (P.2) as well as his reply filed by way of affidavit dated 10.8.2010 wherein he has stated that he has no objection if the aforesaid FIR and all subsequent thereto are quashed. Joint statement of petitioner No.1 and complainant-respondent No.2 has been separately recorded. In view of the fact that the complainant-respondent No.2 has compromised the matter with the petitioners, no useful purpose would be served to continue with the aforesaid FIR and subsequent proceedings. 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 CRL.M.NO.19899-M of 2010 #3# 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 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.12 dated 6.4.2010 under Sections 326/323/506/34 IPC, Police Station Daba, District Ludhiana and all subsequent proceedings arising therefrom, are quashed. August 16, 2010 ( JASWANT SINGH ) manoj JUDGE