Crl. Misc. No. M-18621 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-18621 of 2009 (O&M) Date of decision: 07.09.2009 Balwinder Singh son of Mohan Singh .....PETITIONER VERSUS State of Punjab and another ..... RESPONDENTS CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Tapas Sharma Advocate, for the petitioner. Mr. Amandeep Singh Rai, AAG, Punjab, for respondent No. 1. Mr. Rajesh Sharma, respondent No. 2-complainant in person. *** AUGUSTINE GEORGE MASIH, J. (ORAL) Prayer in the present petition is for quashing of the FIR No. 185 dated 03.08.2007 under Sections 420, 120-B IPC registered at Police Station City Rajpura District Patiala (Annexure P-1) along with all consequential proceedings arising therefrom on the basis of a compromise, which has been entered into between the parties. Copy of the compromise dated 12.10.2007 has been placed on record as Annexure P-2. Crl. Misc. No. M-18621 of 2009 (O&M) 2 Counsel for the petitioner, on the basis of the compromise, prays for quashing of the FIR along with all consequential proceedings arising therefrom. Mr. Rajesh Sharma son of Sh. Sudarshan Kumar Sharma is present in person in the Court. He has been identified by HC Gursharan Singh, Police Station City Rajpura. He has placed on record a photocopy of the driving license in support of his identity. Sh. Rajesh Sharma son of Sh. Sudarshan Kumar Sharma has also filed an affidavit in this Court, wherein he has admitted the factum of compromise dated 12.10.2007 (Annexure P-2) entered into between the parties. He has further stated in the affidavit that he does not have any objection if the FIR is quashed qua all the accused. He states that the compromise has been entered into between the parties and he has specifically stated in the affidavit with regard to his non-objection to the quashing of the FIR and all consequential proceedings arising therefrom. Sh. Rajesh Sharma- respondent No.2 has also made a statement in Court that in the light of the compromise, he does not want to pursue the matter any further and does not have any objection if the FIR in question and all consequential proceedings arising therefrom, against the petitioner and against other co- accused, namely, Harinderdeep Singh s/o Raghbir Singh, resident of H.No. 20, AKS Colony, Zirakpur, Som Nath s/o dual Chand r/o Sector-25, Panchkula, Amrik Singh s/o Bhag Singh r/o Banur, Baldev Singh s/o Bakhtwar Singh r/o Defence Colony Zirakpur, Manjit Singh s/o Chotta Singh r/o Village Thooha, Rajpura, Patiala, Dhian Singh s/o Charan Singh r/o Village Chalheri, Rajpura, District Patiala, Manish Jindal s/o Tarsem Chand Jindal r/o Dashmesh Nagar, Ludhiana and Sudhir Kumar s/o Jaswant Singh r/o Zirakpur. In the light of the affidavit and the statement made by Sh. Rajesh Sharma, counsel for the State has also stated that he Crl. Misc. No. M-18621 of 2009 (O&M) 3 does not have any objection if the FIR in question is quashed along with all consequential proceedings. The matter having been resolved, which appears to be primarily a dispute relating to some property and monetary interest having been involved. The matter having been amicably resolved by the parties, it would be just and equitable that proceedings arising out of FIR, which was lodged at the behest of respondent No. 2-Rajesh Sharma, who is the complainant and who has come present in Court accepting the factum of compromise and showing his intention not to pursue the case any further, the present petition deserves to be allowed. A Larger Bench of this Court in the case of Kulwinder Singh & Ors. vs. State of Punjab & Anr. 2007 (3) RCR (Criminal) 1052, 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), 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-18621 of 2009 (O&M) 4 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, no useful purpose would be served if the proceedings are continued before the trial Court. Accordingly, the present petition is allowed. FIR No. 185 dated 03.08.2007 under Sections 420, 120-B IPC registered at Police Station City Rajpura District Patiala (Annexure P-1) along with all consequential proceedings arising therefrom are hereby quashed. ( AUGUSTINE GEORGE MASIH ) JUDGE September 07, 2009 pj Crl. Misc. No. M-18621 of 2009 (O&M) 5