Crl. Misc. No.M-5615 of 2011(O&M) -1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-5615 of 2011(O&M) Date of decision: November 8, 2011 Dalip Kumar & another .....Petitioners VERSUS State of Punjab & another ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH PRESENT: Mr. Arun Singla, Advocate, for Mr. Suveer Sheokand, Advocate, for the petitioners. Mr. Gaurav Garg Dhuriwala, DAG, Punjab for the State. **** RANJIT SINGH, J. The petitioners seek quashing of FIR No.404, dated 10.12.2009, registered under Sections 294/323/506/34 IPC, at Police Station Jodhewal, District Ludhiana, on the basis of compromise. Prayer is also for quashing of all subsequent proceedings arising therefrom. The above FIR was registered on the basis of statement made by Kuldeep Kumar-respondent No.2. Issue apparently arose out of minor incident of urinating in the street in front of the shop of the complainant. This minor issue got aggravated leading to fight and registration of a case against the petitioners. Respectables of the area have intervened and made the parties to settle the issue amicably. The parties have now reached a compromise. This Court vide order dated 22.2.2011 had directed the Crl. Misc. No.M-5615 of 2011(O&M) -2 - parties to appear before the Illaqa Magistrate for recording their statements. The parties, accordingly, have appeared before the Judicial Magistrate, 1st Class, Ludhiana and have got their respective statements recorded. Kuldeep Kumar-complainant has stood by the compromise, copy of which has been annexed with the petition as Annexure P-2. It is also stated by him that this compromise has been effected without any pressure or influence and is out of his free will. Similar statement has been recorded on behalf of Amar Nath accused. The parties have made statements before the Magistrate, which are recorded. The parties have admitted the compromise. It can, thus, be assumed that the parties have really settled their dispute and they want to live in peace in future. To this effect is the report submitted by the Judicial Magistrate, 1st Class, Ludhiana. Accordingly, prayer for quashing the FIR on the basis of compromise is made out. The Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007 (3) RCR (Criminal) 1052, has held that power under Section 482 Cr.P.C. cannot have any fetters and it cannot be eclipsed by any contingencies and the same cannot be made diminutive in sense and substance and cannot be a hostage to one class or category of cases. As held in this case, compromise in a modern society is the sine-qua-non of harmony and orderly behaviour. It is a soul of justice and if the power under Section 482 Cr.P.C. is used to enhance such a compromise, which, in turn, enhances the social amity and reduces friction, they it truly is finest hour of justice. The present petition is, accordingly, allowed. FIR No.404, Crl. Misc. No.M-5615 of 2011(O&M) -3 - dated 10.12.2009, registered under Sections 294/323/506/34 IPC, and all subsequent proceedings arising therefrom are hereby quashed. November 08, 2011 ( RANJIT SINGH ) monika JUDGE