CRL.M.NO.12011-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRL.M.NO.39557 OF 2010 and CRL.M.NO.12011-M of 2010 DATE OF ORDER: 4.8.2010 Chander and another .....Petitioners vs. State of Haryana and another ....Respondents CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. P.S. Jammu, Advocate for the applicants-petitioners. Mr. M.S. Sindhu, Addl.A.G Haryana for respondent No.1. Mr. Gurjinder Singh, Advocate for respondent No.2. JASWANT SINGH, J (ORAL) Crl.M.No.39557 of 2010 Instant application has been filed for placing on record amended petition under Section 482 Cr.P.C. Notice of motion. Sh. M.S. Sindhu, Addl.A.G, Haryana accepts notice for respondent No.1 whereas Sh. Gurjinder Singh, Advocate accepts notice for respondent No.2-complainant. Learned counsel for the respondents state that they have no objection if the present amended petition is taken on record. Application is allowed as prayed for. Crl.M.No.12011-M of 2010 Prayer made by the petitioners in the instant petition under CRL.M.NO.12011-M of 2010 #2# Section 482 Cr.P.C is for quashing FIR No.252 dated 13.4.2010 under Sections 323/324/326/34 IPC, P.S City Sirsa on the basis of compromise (P.2) arrived at between the parties. Allegations against the petitioners are that under the influence of liquor, they have inflicted injuries on their neighbour- complainant/respondent No.2 Sandeep Soni. Upon notice, complainant-respondent No.2 is present in Court and has been identified by his counsel. He states that the dispute between him and the accused-petitioners has been amicably settled and he does not wish to proceed further with their prosecution and has no objection if the present FIR and all consequent proceedings are quashed. His statement to this effect has been separately recorded. In view of the fact that the neighbours have amicably settled their dispute and the complainant-respondent No.2 is not willing to pursue the prosecution, no useful purpose would be served to continue with the present FIR. 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 CRL.M.NO.12011-M of 2010 #3# 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 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.” CRL.M.NO.12011-M of 2010 #4# 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 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.252 dated 13.4.2010 under Sections 323/324/326/34 IPC, P.S City Sirsa and all subsequent proceedings arising therefrom, are quashed. August 04, 2010 ( JASWANT SINGH ) manoj JUDGE