CRM No.M 14883 of 2010 # 1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANAT AT CHANDIGARH. CRM No.M 14883 of 2010 Date of Decision:-14.07.2010 Dalbir & Ors. ......Petitioners. Versus State of Punjab & Anr. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. KDS Sodhi, Advocate for the Petitioners. Mr. Gaurav Garg Dhuriwala, AAG Punjab. Mr. Gaurav Sharma, Advocate for Respondent No.2. JASWANT SINGH, J.(ORAL) CRM No.26740 of 2010 Application seeking exemption from filing the certified copies of Annexures P-1 & P-2 as well as vernacular copy of the FIR is allowed as prayed for. CRM No.M 14883 of 2010 Present petition under section 482 Cr.PC is for quashing of FIR No.11 dated 2.3.2004 under sections 323, 324, 506, 427, 148, 149 Indian Penal Code, registered at Police Station Lambra, District CRM No.M 14883 of 2010 # 2# Jalandhar Punjab and all the subsequent proceedings on the basis of compromise dated 15.5.2010(Annexure P-2) arrived at between the accused/petitioners and the complainant-respondent no.2. In the FIR complainant Satya had made allegations against the accused/petitioners that they were removing the fence from the field of the complainant and on being stopped by the complainant, they inflicted injuries on the person of complainant Smt. Satya with Sickle and Stick. Complainant-respondent no.2 Smt. Satya as well as petitioner no.2 Jagir Kaur both are present in the court and they have been identified by their counsel Mr. Gaurav Sharma and Mr. KDS Sodhi, Advocates respectively. Both the complainant as well as the petitioner no.2 Jagir Kaur accused have admitted the terms and conditions of the compromise deed dated 15.5.2010 (Annexure P-2). Said complainant-Satya has stated that she has no objection if in terms of the compromise dated 15.5.2010(Annexure P-2) the aforesaid FIR and all the subsequent proceedings thereto are quashed. Learned counsel for the Petitioners submits that all the petitioners have always presented themselves before the court at the time of hearing and have never misused the concession of bail. 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- CRM No.M 14883 of 2010 # 3# 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 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 both the parties have desired to live in peace and harmony and carry on with their lives without any ill will or rancour by resolving their differences and entering into the aforesaid compromise, it is evident that it is a fit case where there is no legal impediment in the way of CRM No.M 14883 of 2010 # 4# 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.11 dated 2.3.2004 under sections 323, 324, 506, 427, 148, 149 Indian Penal Code, registered at Police Station Lambra, District Jalandhar Punjab and the subsequent proceedings and all subsequent proceedings arising therefrom, are quashed. ( JASWANT SINGH ) JUDGE 14th July, 2010 Vinay.