Crl. Misc.No.M 22800 of 2010 # 1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANAT AT CHANDIGARH. Crl. Misc.No.M 22800 of 2010 Date of Decision:-22.09.2010 Vikramjit Singh. ......Petitioner. Versus U.T., Chandigarh & Another. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. N.K. Banka, Advocate for the Petitioner. Mr. Pritpal Singh, Advocate for U.T., Chandigarh. Mr. Ramanjeet Singh, Advocate for Respondents No.2. *** JASWANT SINGH, J.(ORAL) Present petition under section 482 Cr.PC is for quashing of FIR No.251 dated 18.7.2010 under sections 279, 337 of the Indian Penal Code, registered at Police Station Sector 17, Chandigarh on the basis of compromise dated 3.8.2010(Annexure P-1) arrived at between the parties. In the FIR complainant Tirath Ram Shukla had made Crl. Misc.No.M 22800 of 2010 # 2# allegations against the petitioner that on the intervening night of 17/18.7.2010 at about 1.30 am when he was taking two passengers from sector 17 to sector 43, Chandigarh then from his back side petitioner while driving his car bearing no.CH-03A-2530 came in a rash and negligent manner struck against his autorickshaw due to which he along with the passengers received injuries. His autorickshaw was also badly damaged due to the hit by offending car. Complainant Tirath Ram Shukla is present in the court and he had been identified by his counsel Mr. Ramanjeet Singh, Advocate. Complainant has admitted his signatures on the photocopy of Panchayati Compromise(Annexure P-1) arrived at between him and the petitioner and also admit the contents thereof to be correct whereby he has extended his no objection if the aforesaid FIR and all the consequent proceedings arising therefrom are quashed. He has also received a sum of Rs.25,000/- as full and final settlement towards compensation from the petitioner regarding this accident. Statement of complainant has also been recorded separately. 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 Crl. Misc.No.M 22800 of 2010 # 3# 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.” 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.” 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 without any ill will or rancour by resolving their differences and entering into the aforesaid compromise, it is evident that it is a fit case where there is no legal 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.251 Crl. Misc.No.M 22800 of 2010 # 4# dated 18.7.2010 under sections 279, 337 of the Indian Penal Code, registered at Police Station Sector 17, Chandigarh and all subsequent proceedings arising therefrom, are quashed. ( JASWANT SINGH ) JUDGE 22nd September, 2010 Vinay.