IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-5482 of 2009 Date of Decision:- 25 .08.2009 Nirbhay Singh and others ....Petitioner(s) vs. State of Punjab and another ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Liaqat Ali, Advocate, for the petitioners. Mr.Amandeep Singh Rai, AAG, Punjab. Mr.Gurmeet Singh, Advocate, for complainant-respondent No.2. *** AUGUSTINE GEORGE MASIH, J. Through this order, I propose to dispose of two petitions which arise from the same FIR, bearing Crl.Misc.No.M-5482 of 2009 Nirbhay Singh and others vs. State of Punjab and another and Crl.Misc.No.M-21034 of 2009 Dharam Pal Singh and others vs. State of Punjab and others. The prayer in Crl.Misc.No.M-5482 of 2009 is for quashing of FIR No.62 dated 24.4.2005 registered under Sections 323, 324, 325, 506, 427, 148, 149 IPC at Police Station Dehlon, District Ludhiana whereas in Crl.Misc.No.M-21034 of 2009 prayer is for quashing of cross-version recorded vide D.D.R.No.22 dated 24.4.2005 under Sections 324, 325, 427, 506 and 34 IPC at Police Station Dehlon, District Ludhiana, on the basis of the compromise dated 04.12.2008 which has been entered into between the parties. Crl.Misc.No.M-5482 of 2009 -2- It is the contention of the counsel for the petitioners in these two petitions that these are cross-cases. FIR came into existence on the statement of Dharam Pal Singh son of Jagan Singh. Apart from Dharam Pal Singh, Harminder Singh son of Jagan Singh was also injured in the dispute. The DDR came into existence on the basis of the statement of Nirbhay Singh son of Jagdev Singh and Inderjit Singh son of Jagdev Singh was injured in the incident. They submit that it being a cross-case, the parties have entered into a compromise wherein the dispute has been resolved amicably with the intervention of the respectables and relatives, and none of the parties want to pursue the matter any further. They further contend that since they are neighbours, they want to leave the grudge behind and move forward so that there is no difficulty in day to day affairs while moving in and out of their houses. In Crl.Misc.No.M-21034 of 2009, Nirbhay Singh son of Jagdev Singh and Inderjit Singh son of Jagdev Singh-respondents No.2 and 3 have filed their affidavits dated 25.8.2009. According to the said affidavits, they have admitted the factum of compromise having been entered into between the parties and that they want to live peacefully in future. They are both present in Court and have been identified by their counsel Mr.Liaqat Ali, Advocate, as well as by Head Constable Rajinder Singh, Police Station, Dehlon, who is present in Court. They state that in the light of the compromise, they do not want to pursue the matter any further and would have no objection to the quashing of the DDR along with all consequential proceedings arising therefrom. In Crl.Misc.No.M-5482 of 2009, complainant-respondent No.2 Crl.Misc.No.M-5482 of 2009 -3- Dharam Pal Singh son of Jagan Singh and injured Harminder Singh son of Jagan Singh have filed their affidavits wherein they have accepted the factum of compromise having been entered into between them and have further stated that they do not have any objection if the FIR so registered at the behest of Dharam Pal Singh is quashed along with all consequential proceedings. They both are present in Court and on being asked, they accept the factual position as they have asserted in their affidavits and have further stated that in the light of the compromise, they do not want to pursue the matter any further and would have no objection to the quashing of the FIR along with all consequential proceedings arising therefrom. They have been identified by their counsel Mr.Gurmeet Singh, Advocate, as well as by Head Constable Rajinder Singh, Police Station Dehlon. In the light of the above and in view of the fact the parties have amicably resolved the dispute, which had come into existence because of a fight between the neighbours and the respectables and the relatives have come-forward to help them out of the said dispute, the interest of justice would require the quashing of the FIR and the DDR which are in question in the present cases so that the parties can, in future, live in harmony and without any ill-will or grudge against each other, especially when they are neighbours. Counsel for the State also does not have any objection to the quashing of the FIR and the DDR, in the light of the compromise which has been entered into between the parties. A Larger Bench of this Court in the case of Kulwinder Singh & Ors. Vs. State of Punjab & Anr. 2007(3) RCR (Criminal) 1052, while Crl.Misc.No.M-5482 of 2009 -4- discussing the scope of quashing of prosecution on the basis of compromise, in exercise of powers under Section 482 Cr.P.C., even in non-compoundable offence(s), 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.” 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 Crl.Misc.No.M-5482 of 2009 -5- the parties, the instant petitions namely, Crl.Misc.No.M-5482 of 2009 and Crl.Misc.No.M-21034 of 2009 are allowed. Consequently, impugned FIR No.62 dated 24.4.2005 registered under Sections 323, 324, 325, 506, 427, 148, 149 IPC at Police Station Dehlon, District Ludhiana and cross-version recorded vide D.D.R.No.22 dated 24.4.2005 under Sections 324, 325, 427, 506 and 34 IPC at Police Station Dehlon, District Ludhiana, and all other consequential proceedings arising therefrom are hereby quashed. August 25, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE