Crl. Misc. No.M-12031 of 2011 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-12031 of 2011 Date of decision: May 09, 2011. Jasvir Singh & Ors. ... Petitioner(s) v. State of Punjab & Anr. ... Respondent(s) CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri Lakhwinder Singh Mann, Advocate, for the petitioner(s). Shri B.S. Sra, Additional Advocate General, Punjab for respondent No.1. Shri R.P. Daaria, Advocate, for respondent No.2. Kanwaljit Singh Ahluwalia , J. (Oral): Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.268 dated 11.11.2010, registered at Police Station Nakodar, District Jalandhar, under Sections 323, 324, 452, 34 IPC. Notice of this petition was issued. Today the complainant is present in Court along with Counsel, Shri R.P. Daaria, Advocate. Shri Daaria has vouchsafed the compromise. Separate statement of the complainant has been recorded. The same be read as part of this order. Counsel for the petitioners has stated that the petitioners were named in the FIR. Thereafter, compromise was arrived and a copy thereof was also furnished to the Investigating Agency. The Investigating Agency Crl. Misc. No.M-12031 of 2011 -: 2 :- was satisfied with the compromise and had submitted untraced report. Counsel has referred to the following portion of the untraced report:- “... Complaint was registered by ASI Mahinder Singh No.107/ Jalandhar. Investigation was conducted by ASI Som Nath and during investigation offence under Section 452 IPC was reduced. After the effecting of compromise between the parties SI Surinder Pal Singh, SHO P.S. Nakodar has sent me the untraced report with which I agree. Resultantly, report is being sent to Magistrate for acceptance. Dated: 04.03.2011 Sd/- DSP” It is further submitted that the cancellation report was put up before the Lok Adalat. The Lok Adalat had held that the cancellation report cannot be accepted as the offences are not compoundable as per provisions of Section 320 Cr.P.C. Counsel states that thereafter another compromise deed was reduced into writing on 18.4.2011. The parties have agreed to promote amity and cordial relations by bringing an end to bad-blood between them; parties have resolved to promote ever-lasting peace. Counsel for the petitioners has further submitted that in support of the compromise deed, complainant has also furnished an affidavit Annexure P-5. Shri B.S. Sra, Additional Advocate General, Punjab, appearing for the respondent-State, has stated that since factum of compromise was verified by the police, they had already submitted cancellation report. A perusal of the FIR and the offence sought to be pressed against the accused reveal that the petitioner had caused simple injuries to the complainant. A Larger Bench of this Court in Kulwinder Singh and Crl. Misc. No.M-12031 of 2011 -: 3 :- others v. State of Punjab and another 2007(3) RCR (Criminal) 1052 has held under 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. 30. The power under Section 482 of the Cr.P.C. is to be Crl. Misc. No.M-12031 of 2011 -: 4 :- exercised Ex-Debitia Justitia to prevent an abuse of process of Court. There can neither be an exhaustive list nor the defined para-meters to enable a High Court to invoke or exercise its inherent powers. It will always depend upon the facts and circumstances of each case. The power under Section 482 of the Cr.P.C. has no limits. However, the High Court will exercise it sparingly and with utmost care and caution. The exercise of power has to be with circumspection and restraint. The Court is a vital and an extra-ordinary effective instrument to maintain and control social order. The Courts play role of paramount importance in achieving peace, harmony and ever- lasting congeniality in society. Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of a Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery.” In view of the ratio of law laid down in Kulwinder Singh's case (supra), the present petition is accepted and the impugned FIR is quashed along with all subsequent proceedings arising therefrom. [Kanwaljit Singh Ahluwalia] May 09, 2011. Judge kadyan