Criminal Misc. No. M-11979 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-11979 of 2011 Date of decision: 31.05.2011 Raj Kumar and another ..Petitioners Versus State of Punjab and another ..Respondents CORAM: HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Jaswinder Singh Arora, Advocate, for the petitioners. Mr. Sudhir Nehra, Addl. A.G. Punjab, for respondent No.1 – State. Dr. Sushil Gautam, Advocate, for respondent No.2. NAWAB SINGH, J. (ORAL) By this petition, under Section 482 of the Code of Criminal Procedure, petitioners seek quashing of First Information Report (for short 'FIR) No.62 dated April 5th, 2007 (Annexure P-1), registered under Sections 323, 341, 452 and 506 of the Indian Penal Code (for short 'IPC') in Police Station Sadar, Khanna. Grounds pleaded are that the parties have compromised the matter with the intervention of respectables. They have tendered affidavit (Annexure P-2). Jai Ram-complainant- respondent No.2 and Raj-injured wife of Jai Ram have added that they have no objection if the aforesaid FIR and all subsequent proceedings arising therefrom are quashed. Raj-injured also filed her affidavit. Indeed, the offences, for which the petitioners are facing trial, are non-compoundable. Notwithstanding that, there can not be any embargo in allowing the parties to compromise the matter in view of the law laid down by the Five Judge Bench's decision of this Court rendered in Kulwinder Singh & others Vs. State of Punjab and another, 2007 (3) RCR (Criminal) 1052. The law has to be Criminal Misc. No. M-11979 of 2011 2 administered according to the laws made by the Legislature. Where however, there is a scope, howsoever little it may be, to interfere to impart full justice, the legislative enactment should be liberally interpreted. Narrow construction leading to total injustice has to be avoided. When there is no semblance of success of the prosecution case, coupled with the object of providing peace and tranquility to the litigants, in the interest of justice and the like, this Court would certainly be justified in quashing the FIR in exercise of its powers under Section 482 Cr.P.C in the event of a compromise between the parties. The ends of justice are always higher than mere law. In upshot, for the reasons recorded supra, the petition is accepted, FIR No.62 dated April 5th, 2007 (Annexure P-1), registered under Sections 323, 341, 452 and 506 IPC in Police Station Sadar, Khanna and subsequent proceedings arising therefrom, are hereby quashed. (NAWAB SINGH) JUDGE 31.05.2011 neetu