IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-33318 of 2009 Date of decision : December 10, 2009 Narsi and others Petitioners Versus State of Haryana and others Respondents CORAM : HON'BLE MS. JUSTICE NIRMALJIT KAUR Present : Mr. Sandeep Goyal, Advocate for the petitioners Mr. Pardeep Virk, DAG Haryana Mr. Surendr Singh, Advocate for respondent No. 2 NIRMALJIT KAUR, J. (ORAL) This is a petition under Section 482 Cr.P.C. for quashing of the FIR No. 29 dated 12.4.2004 under Sections 323, 324, 34, 506 IPC Police Station Alewa Tehsil and District Jind on the basis of compromise entered into between the parties. The said compromise has been placed on record as Annexure P-2. The complainant as well as other aggrieved persons namely Dalel, Rajbir and Rameshwar who had received injuries have also got their statements recorded separately. They have no objection, if the said FIR is quashed. It would be relative to note the facts in the present case. As per the FIR, the complainant and his father were consuming Huqa in front of their house, at the same time petitioners parked their horse cart (Buggi) of barsin in front of their house and started abusing their father. Thereafter a free fight broke between the petitioners and the complainants, wherein one of the petitioner gave a gandasa blow. The petitioners and the complainants and aggrieved persons are relatives. Crl. Misc. No. M-33318 of 2009 2 The Full Bench of this Court in the case of Kulwinder Singh and others vs. 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 of law and to secure the ends of justice.” In the case of Madan Mohan Abbot vs. State of Punjab, 2008(4) S.C. Case 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 Crl. Misc. No. M-33318 of 2009 3 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.” The parties are relatives of each other. The compromise has been arrived at without any pressure. The compromise will reduce the friction. The chance of prosecution is almost nil. In view of the facts and circumstances of the present case and also keeping in mind the Full Bench judgment rendered by this Court in the case of Kulwinder Singh (supra) and judgment rendered by Hon'ble Apex Court in the case of Madan Mohan Abbot vs. State of Punjab, 2008(4) S.C. Case 582, the present petition is allowed and FIR No. 29 dated 12.4.2004 under Sections 323, 324, 34, 506 IPC Police Station Alewa Tehsil and District Jind is quashed. (Nirmaljit Kaur) 10.12.2009 Judge reena