Crl. Misc. No.M-36052 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-36052 of 2009 Date of Decision: 11.03.2010 Avtr Chand @ Shami ....Petitioner Versus State of Punjab ...Respondent CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. S.K. Bansal, Advocate for the petitioner. Mr. K.S. Pannu, D.A.G., Punjab ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. (ORAL) This is a petition under Section 482 Cr.P.C. for quashing of the FIR No.368 dated 06.09.2003 under Sections 323, 324, 34 IPC at Police Station Sadar, Jalandhar on the basis of compromise entered into between the parties. The FIR was registered against the present petitioners by respondent No.2-Bhajana Ram son of Jassa Singh. Thereafter, the parties have entered into a compromise with the intervention of the Gram Panchayat and the respectables of the village. The said compromise is placed on record as P-2. As per the compromise, the parties have no grudge against each other. A separate statement of respondent No.2- Bhajana Ram has also been recorded to that effect. As per the statement of Bhajana Ram, he has no objection, if the said FIR is quashed. As per Crl. Misc. No.M-36052 of 2009 2 the allegations in the FIR, the petitioner attacked on account of his friendship with one Narender Pal and minor injuries under Sections 323, 324, 34 IPC were suffered by the present complainant. The matter having been compromised, it is 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. The Full Bench of this Court, in the case of Kulwinder Singh and others vs. State of Punjab and another 2007(3) RCR (Criminal) 1052 has held that 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 not only in matrimonial discord but others as well, such compromise deserves to be accepted. It is further held 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.” In the case of Madan Mohan Abbot vs. State of Punjab 2008(4) S.C. Cases 582, the Apex Court emphasised and advised 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 Crl. Misc. No.M-36052 of 2009 3 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.” Taking into account the allegations in the FIR, the compromise, as well as, the statement made by the complainant before this Court and further taking a note of the fact that the petitioner and the complainant belong to the same village, it would be in the interest of justice to accept the compromise and quash the FIR for peach, harmony and to reduce friction in the society. To allow the proceedings will be a futile exercise. Accordingly, the present petition is allowed and FIR No.368 dated 06.09.2003 under Sections 323, 324, 34 IPC at Police Station Sadar, Jalandhar, is hereby quashed in the interest of justice. (NIRMALJIT KAUR) 11.03.2010 JUDGE gurpreet