IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-23607 of 2009 (O/M). Date of Decision : October 07, 2009. Sher Singh and others ...... Petitioner(s) . Versus. State of Haryana and another ..... Respondent(s). CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. Sanjiv Gupta, Advocate, for the petitioner(s) . Mr. Ashok Kumar Jindal, A.A.G. Haryana, for respondent No. 1-State. Mr. Jai Parkash Chaudhary, Advocate, (practising at Karnal-Enrollment No. P-78/1982). AUGUSTINE GEORGE MASIH, J. (ORAL). The prayer in the present petition is for quashing of F.I.R. No. 207, dated 09.10.1999, under Sections 148/149/323/324/326/506 I.P.C, Police Station Indri, District Karnal (Annexure-P-1) , and all consequential proceedings arising therefrom, on the basis of a compromise, which has been entered into between the parties. The compromise deed has been placed on record as Annexure-P-3 and affidavit dated 24.08.2009 of Isham Singh- respondent No. 2, who is the complainant, has been placed on record as Annexure-P-4. Counsel for the petitioner on the basis of compromise (Annexure-P-3) and affidavit dated 24.08.2009 (Annexure-P-4) respectively, prays for quashing of the F.I.R. in question and all consequential proceedings arising therefrom. He contends that a fight had accrued between the parties Criminal Misc. No. M-23607 of 2009. all of a sudden, in which injuries were caused to the respondent No. 2- complainant, because of which the F.I.R. in question was registered on the statement of respondent No. 2-complainant. He submits that apart from the complainant, the other person who was injured, is Fateh Singh s/o Data Ram. An affidavit of Fateh Singh s/o Data ram has been filed in the Court, which is dated 07.10.2009. He states that Fateh Singh s/o Data Ram, who was injured, has also stated in his affidavit that a compromise has been entered into between the parties and he does not have any objection, if the F.I.R. in question and all consequential proceedings arising therefrom, are quashed. Isham Singh s/o Fateh Singh is present in the Court and has been identified by Shri Jai Parkash Chaudhary, Advocate, having enrollment No. P-78/1982, who is practising at Karnal. He further identified Fateh Singh s/o Data Ram, who has filed an affidavit in the Court today. Isham Singh son of Fatesh Singh has stated in the Court that a compromise has been entered into between the parties and with the intervention of respectables of the locality, the matter stands re-conciled and there is no further dispute between the parties. They further state that they do not want to pursue the matter any further and have no objection, if the F.I.R. in question and all consequential proceedings arising therefrom, are quashed. In the light of above compromise Annexure-P-3 and affidavit dated 24.08.2009 of Isham Singh son of Fateh Singh and affidavit dated 07.10.2009 of Fateh Singh son of Data Ram as also the statements having been made by Isham Singh and Fateh Singh in the Court today, it would be in the interest of justice that the matter having been amicably resolved and there being no further dispute between the parties, leading to the -2- Criminal Misc. No. M-23607 of 2009. compromise, the F.I.R. in question and all consequential proceedings arising therefrom be quashed. Reliance can be made upon the Larger Bench Judgment of this Court in the case Kulwinder 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 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.” -3- Criminal Misc. No. M-23607 of 2009. 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. 207, dated 09.10.1999, under Sections 148/149/323/324/326/506 I.P.C, Police Station Indri, District Karnal, and all other consequent proceedings arising therefrom are quashed. (AUGUSTINE GEORGE MASIH) JUDGE October 07, 2009. sjks. -4-