Crl. Misc. No.M-12663 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-12663 of 2010 Date of Decision: 21.05.2010 Bashir Mohd. @ Kala etc. ....Petitioners Versus State of Punjab etc. ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mohd. Yousaf, Advocate for the petitioners. Mr. K.S. Pannu, D.A.G., Punjab for the respondent-State. Mr. P.S. Dhaliwal, Advocate for respondent No.2. ***** 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.135 dated 17.06.2009 under Sections 452, 323, 148 and 149 IPC 1860, Police Station City Malerkotla, District Sangrur and all subsequent proceedings arising therefrom on the basis of compromise entered into between the parties. The FIR in question was registered by respondent No.2-Abdul Hamid @ Gullu son of Faqir Mohd. against the present petitioners. The allegations against the petitioners are that they caused injuries to respondent No.2 by attacking him upon entering inside the house of Salamte and have tried to kill him. Due to the intervention of the respectables and relatives of the village, a compromise has been effected Crl. Misc. No.M-12663 of 2010 2 between the parties. However, the matter has been compromised. The compromise deed has also been placed on record as P-2. The affidavit of respondent No.2 has also been placed on record authenticating the compromise. Separate statement of respondents No.2 has also been recorded in the Court today. As per the compromise/affidavit, respondent No.2 has no objection, if the FIR in question, is quashed. The present FIR arises out of the property dispute within the family. 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 :- Crl. Misc. No.M-12663 of 2010 3 “ 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.” Taking into account the allegation in the FIR, the compromise, the affidavit of respondents No.2 and the statement made before this Court authenticating compromise, 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 FIR in the interest of justice. Accordingly, the present petition is allowed and FIR No.135 dated 17.06.2009 under Sections 452, 323, 148 and 149 IPC 1860, Police Station City Malerkotla, District Sangrur and all subsequent proceedings arising therefrom are hereby quashed in the interest of justice. (NIRMALJIT KAUR) 21.05.2010 JUDGE mohan