IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. M. No.M-35572 of 2009 Date of Decision:30.6.2010 Ravinder Kumar .... Petitioner Versus State of Haryana and others .... Respondents And Crl. M. No.M-7180 of 2010 Date of Decision:30.6.2010 Bhagwan Dass .... Petitioner Versus State of Haryana and others .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. Sachin Mittal, Advocate. Mr. Vikas Malik, AAG. Haryana. **** 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. The instant petitions have been filed for quashing of FIR No.27 dated 8.4.2002 registered under Sections 324/34 IPC at Police Station Farukhnagar District Gurgaon as well as cross case recorded in the aforesaid FIR and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties. Vide order dated 25.5.2010, the parties were directed to appear before the learned Judicial Magistrate Ist Class, Gurgaon on 5.4.2010 and the learned Judicial Magistrate Ist Class, Gurgaon was further directed to record the statements of relevant witnesses and send the report with respect to the compromise as to whether the same is genuine or not. In pursuance to the same, reports from the learned Judicial Magistrate Ist Class, Gurgaon, Crl. M. No.M-35572 of 2009 -2- have been received wherein it is submitted that the statements of the complainants as well as injured persons were recorded in the Court with respect to the fact of compromise of the matter in dispute. Compromise was also placed on the file. From their statement, it appears that the matter in dispute has been compromised between the parties and the same is a genuine one. The brief facts of this case are that a clash took place between the parties with respect to some land in which both the parties sustained injuries and FIR in question as well as cross case was registered. However, the matter has been compromised as aforesaid. The parties are closely related to each other. The Full Bench of this Court, in the case of Kulwinder Singh and others v. 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 Crl. M. No.M-35572 of 2009 -3- of law and to secure the ends of justice.” In the case of Madan Mohan Abbot v. State of Punjab 2008 (4) S.C. Cases 582, the Apex Court emphasised and advised 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.” In view of the allegations made in the FIR and taking into account the statements made by the parties before Judicial Magistrate Ist Class, Gurgaon authenticating the compromise as well as the report submitted by the Judicial Magistrate Ist Class, Amritsar that the compromise is genuine, it is a fit case where there is no impediment in the way of the Court to accept the compromise and exercise its inherent powers under Section 482 Cr.P.C. for quashing of FIR in the interest of justice to promote peace and harmony. Accordingly, the instant petitions are allowed and FIR No.27 dated 8.4.2002 registered under Sections 324/34 IPC at Police Station Farukhnagar District Gurgaon as well as cross case recorded in the aforesaid FIR and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties are hereby quashed in the interest of justice. A photo copy of this order be placed on the another connected case. 30.6.2010 ( NIRMALJIT KAUR ) rajeev JUDGE