Crl. Misc.No.M 21903 of 2010 # 1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANAT AT CHANDIGARH. Crl. Misc.No.M 21903 of 2010 Date of Decision:-22.09.2010 Jagtar Singh & Others. ......Petitioners. Versus Stte of Punjab & Another. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. Lakhwinder Singh Mann, Advocate for the Petitioners. Mr. Gaurav Garg Dhuriwala, AAG Punjab. Mr. Parvez Akhtar, Advocate for the Complainant. *** JASWANT SINGH, J.(ORAL) Present petition under section 482 Cr.PC is for quashing of FIR No.147 dated 2.5.2006 under Sections 323, 452, 506 and 34 of Indian Penal Code registered with Police Station Nakodar, District Jalandhar on the basis of compromise dated 23.7.2010(Annexure P-2) arrived at between the parties. In the FIR, respondent no.2-complainant Tara Singh had levelled allegations against the petitioners that all of them have entered Crl. Misc.No.M 21903 of 2010 # 2# the house of the complainant and gave severe beatings to his son Jinder, daughter and his wife severely. Complainant along with his family members managed to lock up two persons in their house but the remaining accused ran away on motor cycle bearing no.PB-67-A 1573 and Scooter bearing no.PB-33-8528. Upon notice of motion respondent-complainant caused appearance through his Advocate. While issuing notice of motion parties were directed to appear before the learned trial court who shall record their statements regarding the genuineness of the compromise and send a report in that regard. Report in the shape of letter dated 25.8.2010 of learned Sub Divisional Judicial Magistrate, Nakodar has been received wherein it is stated that the parties appeared before that court and suffered statements recorded separately before that court. Complainant in his statement has stated that he has compromised the matter with the accused persons and has no objection if the aforesaid FIR and all consequential proceedings are quashed against them. 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- compoundable offences. The relevant extracts read as under:- “The only inevitable conclusion from the above discussion is that there is no statutory bar Crl. Misc.No.M 21903 of 2010 # 3# 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 the Court to exercise its inherent powers under Section 482 Cr.P.C., for quashing of the FIR in the interest of justice. Crl. Misc.No.M 21903 of 2010 # 4# Accordingly, the present petition is allowed and FIR No.147 dated 2.5.2006 under Sections 323, 452, 506 and 34 of Indian Penal Code registered with Police Station Nakodar, District Jalandhar and all subsequent proceedings arising therefrom are quashed. ( JASWANT SINGH ) JUDGE 22nd September, 2010 Vinay.