IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-7052 of 2009 (O/M). Date of Decision : August 12, 2009. Balkar Singh son of Sh. Sadhu Singh resident of Village Arjan Magan, Police Station Mehta, District Amritsar. (Now confined in District Jail, Ropar). .... Petitioner. Versus. State of Punjab, and others. .... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. D.R. Punia, Advocate, for the petitioner. Mr. Aman Deep Singh Rai, A.A.G. Punjab, for the respondent-State. Mr. Dhirinder Chopra, Advocate, for the respondent No. 2. AUGUSTINE GEORGE MASIH, J. (ORAL). The present petition is for quashing of F.I.R. No. 120 dated 01.12.2008 under Section 307 I.P.C. registered at Police Station Anandpur Sahib, District Ropar, and consequential proceedings on the basis of a compromise and in acknowledgment thereof, an affidavit dated 18.02.2009 has been filed by injured Kashmir Singh-respondent No. 2. On the basis of said compromise, counsel for the petitioner prays for quashing of said F.I.R. Notice of motion was issued in the present case and reply on behalf of Jit Singh-complainant-respondent No. 3 has been filed in the Court, wherein the factum of compromise having been entered into between the parties has been acknowledged. He has further stated in the affidavit that in view of compromise entered into between the parties, he does not want to Criminal Misc. No. M-7052 of 2009. pursue the matter any further and has no objection, if the F.I.R. in question be quashed. Jit Singh-complainant son of Mohinder Singh is present in the Court and being specifically asked by the Court as to whether the compromise has been entered into between the parties and further if he wants to continue with the proceedings to which he states that he has no objection, if the F.I.R. in question be quashed as he does not want pursue the matter in the light of a compromise entered into between the parties. An affidavit dated 18.02.2009 of Kashmir Singh-injured-respondent No. 3 is already placed on record as Annexure-P-1. Keeping in view the fact that a mutual agreement has been entered into between the parties and they have resolved to finish their dispute, it would be in the interest of justice that the F.I.R. in question and the consequential proceedings arising therefrom, may also be quashed, so that peace and tranquility may return to the parties, who were on the dispute path. The intend and purpose of the said compromise is that the parties should live amicably without any grudge against each other. In the totality of the circumstances and in view of the fact that a compromise has been entered into between the parties and the complainant and injured have both specifically filed their affidavits in the Court that they have no objection to quashing of the F.I.R. in question. On the basis of said compromise, the present F.I.R. and all consequential proceedings arising therefrom deserve to be quashed. Reliance can be made upon the Larger Bench Judgment of this Court in the case Kulvinder 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 -2- Criminal Misc. No. M-7052 of 2009. 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 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, impugned F.I.R. No. 120 dated 01.12.2008 under Section 307 I.P.C. registered at Police Station Anandpur Sahib, District Ropar, and all other consequential proceedings arising there from are quashed. (AUGUSTINE GEORGE MASIH) JUDGE August 12,2009. sjks. -3-