Crl. Misc. No. M-9262 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-9262 of 2011 (O&M) Date of decision: 15.11.2011 Sh. Paramjot Singh alias Jyoti ....Petitioner Versus State of Punjab and another ...Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. S.S. Goraya, Advocate, for the petitioner. Mr. Raghbir Chaudhary, Sr. DAG, Punjab. 1. Whether Reporters of local newspapers may be allowed to see the judgment? 2. Whether to be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J. (ORAL) Petitioners have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing of FIR No.13 dated 3.3.2011 under Sections 323, 324, 326/34 IPC, Police Station Dasua, in view of the compromise executed between the parties. Present case was registered on the complaint of Kulwant Singh to the effect that on 16.2.2011 he was going to his village on his motorcycle and when he reached near Fattan Chak turn three young men came from behind on a motorcycle and started quarreling with him. Jyoti alias Paramjot Singh, petitioner gave a datar blow which hit his middle finger while other two persons gave dang blows on his back and after causing injuries they ran away from the spot along with their respective weapons. On the basis of this, case FIR No.13 dated 3.3.2011 under Sections 323, 324, 326/34 IPC, Police Station Dasua, was Crl. Misc. No. M-9262 of 2011 (O&M) -2- registered against the petitioners and investigation commenced. Matter is at the investigation stage and no challan has been filed so far. In the meantime, good sense prevailed and the parties arrived at an amicable settlement, which is placed on record as Annexure P-2. Present petitioners have knocked the door of this Court for quashment of the FIR in question on the basis of compromise (Annexure P-2). The report of the trial court was called about the genuineness of the compromise. Parties appeared before the learned Magistrate and after recording their statement, learned Magistrate has informed this Court vide letter dated 30.5.2011 that the parties have compromised the matter at their own accord/free will. Five Judges' 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 High Court has wide power to quash the proceedings even in non-compoundable offence notwithstanding the bar under Section 320 Cr.P.C. in order to prevent the abuse of law and to secure the ends of justice; power under Section 482 Cr.P.C. has no limits. It has further been held by five Judges' Bench of this Court that where High Court feels that quashing is required to prevent the abuse of the process of any Court and otherwise to secure the ends of justice, High Court may quash the criminal proceedings. Learned counsel for the petitioner has stated that in order to maintain the cordial relations and harmony between the parties, this is a fit case where this Court must exercise inherent power under Section 482 Cr.P.C. to quash the criminal proceedings to secure the ends of justice. Mr. Raghubir Chaudhary, learned Senior Deputy Advocate Crl. Misc. No. M-9262 of 2011 (O&M) -3- General, Punjab, has fairly stated that keeping in view the cordial relations and harmony between the parties, quashing of the FIR in question seems to be justified. Perusal of the compromise shows that the parties have compromised the matter and the complainant has pleaded no objection if the FIR in question is quashed. Keeping in view the compromise and the fact that the parties have compromised the matter in order to maintain the cordial relations and harmony between the parties and the fact that the matter is still at the investigation stage, I deem it proper that criminal proceedings arising out of the FIR in question must be quashed and the parties should be allowed to keep peace in mind. In view of this, the present petition is allowed. Consequently, FIR No.13 dated 3.3.2011 under Sections 323, 324, 326/34 IPC, Police Station Dasua, is hereby quashed and all the criminal proceedings arising out of the said FIR also stand quashed. (Alok Singh) Judge November 15,2011 R.S.