Crl.M.No.27732-M of 2009 (O&M) #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.27732-M of 2009 (O&M) Date of Decision: 2.7.2010 Kawaljit Singh @ Minta ....Petitioner(s) Versus State of Punjab and another ....Respondent(s) CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. G.S. Verma, Advocate for the petitioner. Ms. R.K. Nihalsinghwala, Addl.A.G, Punjab for respondent No.1. Mohd. Saleem, Advocate for respondent No.2. JASWANT SINGH, J (ORAL) Crl.M.No.50187 of 2009 Application is allowed as prayed for. Crl.M.No.27732-M of 2009 Petitioner-accused Kawaljit Singh @ Minta has filed present petition under Section 482 Cr.P.C for quashing FIR No.199 dated 11.12.2008 (P.1) registered under Sections 307/148/149 IPC and 25/27/54/59 of the Arms Act, P.S City Sunam, District Sangrur on the basis of compromise dated 18.4.2009 (P.2) arrived at between him and complainant-respondent No.2 Ram Kishan. Learned counsel submits that in the aforesaid FIR, rest of four co-accused were put up for trial, which resulted into their acquittal vide judgment dated 4.9.2009 passed by the learned Additional Sessions Judge, Crl.M.No.27732-M of 2009 (O&M) #2# Fast Track Court, Sangrur as the complainant Ram Kishan and his wife Bimla Devi, an eye witness did not support the case of the prosecution. Petitioner was subsequently put to trial as earlier he was declared as proclaimed offender. Notice of this petition was issued and respondent No.2- complainant Ram Kishan had put in appearance through Mohd. Saleem, Advocate. Today, said respondent No.2-complainant is present in Court and has been identified by his counsel. Joint statement of the petitioner as well as respondent No.2-complainant has also been separately recorded in Court today. Respondent No.2 has stated in terms of affidavit dated 18.4.2009 (P.2) to the effect that the petitioner is not the person, who had fired upon him; no action be taken against him as he is innocent; and he has no objection if the aforesaid FIR is quashed. 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 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 Crl.M.No.27732-M of 2009 (O&M) #3# 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 the complainant has not supported the prosecution case of the co-accused of the petitioner and also not willing to do the same now, no useful purpose would be served to continue with the prosecution of the present petitioner. Both the parties have desired to live in peace and harmony and carry on with their lives by resolving their differences and entering into the aforesaid compromise, it is evident that it is a fit case where there is no 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.199 dated 11.12.2008 (P.1) registered under Sections 307/148/149 IPC and 25/27/54/59 of the Arms Act, P.S. City Sunam, District Sangrur and all subsequent proceedings arising therefrom, are quashed subject to payment of Rs.10,000/- as costs (being a proclaimed offender earlier), to be Crl.M.No.27732-M of 2009 (O&M) #4# deposited within two months from today with the Punjab Legal Services Authority, Sangrur. The receipt of the payment shall be placed on the file before the ld. Trial Court. July 02, 2010 ( JASWANT SINGH ) manoj JUDGE Crl.M.No.27732-M of 2009 (O&M) #5#