Crl. M. No.M-19239 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. M. No.M-19239 of 2010 Date of Decision:17.8.2010 Chanchal Singh and others .... Petitioners Versus State of Punjab and others .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. G.N. Malik, Advocate for the petitioners. Mr. K.S. Pannu, D.A.G. Punjab. Mr. Arvinder Singh, Advocate for respondents No.2 and 3. **** 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.(Oral) The parties have jointly filed the instant petition under Section 482 Cr.P.C. for quashing the FIR No.220 dated 31.10.2001 registered under Sections 452,354,323,34 IPC at Police Station Abohar, District Ferozepur as well as Rapat No.23 dated 31.10.2001/cross case in the aforesaid FIR and subsequent proceedings arising therefrom on the basis of compromise entered into between them. The FIR in question was got registered by respondent No.2 against petitioners No.1 to 4 whereas Rapat No.23 dated 31.10.2001/Cross case in the said FIR was got registered by respondent No.3 against petitioner No.5. However, the matter has since been compromised. Compromise deed has also been placed on record as Annexure P-3. Affidavits of respondent No.2-complainant in the FIR and respondent No.3- Crl. M. No.M-19239 of 2010 2 complainant in the cross case have also been placed on record authenticating the compromise. Separate statements of respondent No.2 and 3 have also been recorded in the Court today authenticating the compromise stating that the matter has been compromised with the intervention of the respectables of the area and the said compromise was entered into without any pressure and out of their own sweet will. They have no objection, if the FIR in question as well as cross case are quashed. 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 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 Crl. M. No.M-19239 of 2010 3 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 settled position of law and in the facts of the present case, 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, as well as, cross-case in the interest of justice to promote peace and harmony. The compromise is entered into without any pressure. Accordingly, the instant petition is allowed and FIR No.220 dated 31.10.2001 registered under Sections 452,354,323,34 IPC at Police Station Abohar, District Ferozepur as well as Rapat No.23 dated 31.10.2001/cross case and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties are hereby quashed in the interest of justice. 17.8.2010 ( NIRMALJIT KAUR ) gurpreet JUDGE