Crl. Misc.No. M-16363 of 2009 (O&M) and other connected case 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 07.09.2009 Crl. Misc. No. M-16363 of 2009 (O&M) Vicky son of Pappu and others .....PETITIONERS VERSUS State of Punjab and another ..... RESPONDENTS Crl. Misc. No. M-21799 of 2009 Jagjit Singh @ Kali son of Sarya and others .....PETITIONERS VERSUS State of Punjab and another ..... RESPONDENTS CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Ms. Promila Nain, Advocate, for the petitioner (in Crl. Misc. No. M-16363 of 2009) for respondent No. 2 (In Crl. Misc. No. M-21799 of 2009) Mr. D.D.Sharma, Advocate, for the petitioners (in Crl. Misc. No. M-21799 of 2009) Mr. Amandeep Singh Rai, AAG, Punjab, for respondent No. 1. *** AUGUSTINE GEORGE MASIH, J. (ORAL) By this order I propose to dispose of Crl. Misc. No. M-16363 of 2009 (O&M) titled as Vicky son of Pappu and others vs. State of Punjab and another and Crl. Misc. No. M-21799 of 2009 titled as Jagjit Singh @ Crl. Misc.No. M-16363 of 2009 (O&M) and other connected case 2 Kali son of Sarya and others vs. State of Punjab and another, in which the FIR is the same i.e. FIR No. 389 dated 24.09.2003 registered under Sections 452, 323, 324, 380, 427, 148 and 149 IPC at Police Station Nokodar District Jalandhar. In Crl. Misc. No. M-16363 of 2009, the prayer is for quashing of the FIR and in Crl. Misc. No. M-21799 of 2009, the prayer is for quashing of DDR No. 32 dated 24.09.2003. The prayer in these petitions for quashing of the FIR and the DDR is based on the compromise, which has been entered into between the parties and it has been submitted by the counsel for the parties that in the light of the compromise, which has been entered into between the parties, the FIR and the DDR in question deserve to be quashed. Copy of the compromise has been placed on record as Annexure P-2. In FIR, the complainant is Kulwinder Singh @ Kala son of Sh. Sohan Lal, who has come present in Court and has filed his affidavit. As per the said affidavit, he has admitted the fact that the compromise has been entered into between the parties and on the basis of the compromise, he does not want to pursue the matter any further and he has no objection if the FIR is quashed. In Crl. Misc. No. M-21799 of 2009, Vicky son of Pappu is the complainant in the DDR. He has also come present in the Court with the affidavit where again the factum of compromise stands admitted by him and he has also stated that he does not have any objection to the quashing of the DDR, which was registered at his behest. Vicky son of Pappu has been identified by Ms. Promila Nain, his counsel and Kulwinder Singh @ Kala son of Sh. Sohan Lal has been identified by Mr. D.D.Sharma, his counsel. HC Kashmir Chand, Police Station Nokodar, District Jalandhar also identifies both these persons. They have one by one stated that they Crl. Misc.No. M-16363 of 2009 (O&M) and other connected case 3 have amicably resolved their dispute and do not have any objection if the FIR and the DDR in question are quashed. In the light of the above, counsel for the State also has no objection to the quashing of the FIR and DDR. The matter having been amicably resolved between the parties, no useful purpose would be served by further proceeding with the FIR and DDR in question or keeping the same alive when the dispute no more exists and further the parties having resolved their disputes, it would be in the interest of justice that they be given a chance to proceed further in their lives. A Larger Bench of this Court in the case of Kulwinder Singh & Ors. vs. State of Punjab & Anr. 2007 (3) RCR (Criminal) 1052, while 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 Crl. Misc.No. M-16363 of 2009 (O&M) and other connected case 4 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, no useful purpose would be served if the proceedings are continued before the trial Court. Accordingly, the present petitions are allowed. FIR No. 389 dated 24.09.2003 registered under Sections 452, 323, 324, 380, 427, 148 and 149 IPC at Police Station Nokodar District Jalandhar and DDR No. 32 dated 24.09.2003 arising out of the abovementioned FIR along with all consequential proceedings arising therefrom are hereby quashed. ( AUGUSTINE GEORGE MASIH ) JUDGE September 07, 2009 pj Crl. Misc.No. M-16363 of 2009 (O&M) and other connected case 5