IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-17332 of 2008 (O/M). Date of Decision : September 03, 2009. Gurmej Singh son of Harbhajan Singh, and others, all residents of Village Kot Khara, Tehsil Baba Bakala, District Amritsar. ...... Petitioners . Versus. State of Punjab, and another. ..... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. Rajeev K. Kapila, Advocate, for the petitioners . Mr. Aman Deep Singh Rai, A.A.G., Punjab, for the respondent No. 1-State. Mr. B.S. Jaswal, Advocate, for the respondent No. 2-complainant. AUGUSTINE GEORGE MASIH, J. (ORAL). The prayer in the present petition is for quashing of D.D.R. No. 17, dated 24.10.2002, which was registered as a cross case in F.I.R. No. 164, dated 24.10.2002 under Sections 326/324/323/148/149 I.P.C., registered at Police Station Mehta, Police District Majitha, District Amritsar, and all consequential proceedings arising therefrom, on the basis of a compromise dated 24.05.2008, which has been entered into between the parties, which has been placed on record as Annexure-P-2. Counsel for the petitioners contends that in the light of a compromise, which has been entered into between the parties, the main F.I.R. i.e. F.I.R. No. 164, dated 24.10.2002 under Sections 326/324/323/148/149 I.P.C., registered at Police Station Mehta, Police District Majitha, District Amritsar, and all consequential proceedings arising therefrom, have been Criminal Misc. No. M-17332 of 2008. quashed by this Court, vide order dated 20.03.2009 in Crl. Misc. No. -17586 of 2008 Mangal Singh and others Versus State of Punjab and another. He further contends that in the light of quashing of the F.I.R. on the basis of this very compromise, the present D.D.R. No. 17, dated 24.10.2002, which was registered against the petitioners, deserves to be quashed. Counsel for the respondent No. 2-complainant states that the complainant has no objection, if the D.D.R. in question and all consequential proceedings arising therefrom are quashed. He contends that an affidavit dated 13.08.2008 of Amandeep Singh son of Daljit Singh, r/o Kot Khara, Amritsar, has already been placed on record, wherein it has been specifically stated by him that he does not want to pursue the matter any further and he has no objection, if the D.D.R. in question and all other consequential proceedings arising therefrom are quashed. Counsel for the respondent No. 1-State in the light of quashing of main F.I.R. by this Court, vide order dated 20.03.2009 and in the light of compromise, states that he does not have any objection, if the D.D.R. in question and all consequential proceedings arising therefrom are quashed. In the light of position, which has been referred to above and in the light of compromise, which has been entered into between the parties as also that the main F.I.R. stands already quashed by this Court, vide order dated 20.03.2009, in Crl. Misc. No. -17586 of 2008 Mangal Singh and others Versus State of Punjab and another, on the basis of compromise, which has been entered into between the parties and also in view of Full Bench Judgment of this Court in the case of Kulwinder Singh and others Versus State of Punjab and another 2007(3) R.C.R. (Criminal) 1052, the -2- Criminal Misc. No. M-17332 of 2008. present petition deserves to be quashed. This Court in the abovementioned case has held as follows :- “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.” Therefore, in view of the discussion above, since the parties have amicably settled the matter, which is otherwise in the interest of justice and appears to have been effected to promote peace and harmony amongst the parties, the instant petition is allowed. Consequently, impugned D.D.R. No. 17, dated 24.10.2002, which was registered as a cross case in F.I.R. No. 164, dated 24.10.2002 under Sections 326/324/323/148/149 I.P.C., registered at Police Station Mehta, Police District Majitha, District Amritsar, and all consequential proceedings arising therefrom, are quashed. (AUGUSTINE GEORGE MASIH) JUDGE September 03, 2009. sjks. -3-