IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-8076 of 2009 Date of Decision:- 21 .08.2009 Sukhdev Singh ....Petitioner(s) vs. State of Punjab and others ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.D.D.Bansal, Advocate, for the petitioner. Mr.Amandeep Singh Rai, AAG, Punjab. Mr.Ajai Singla, Advocate, for respondents No.2 and 3. *** AUGUSTINE GEORGE MASIH, J. The present petition has been filed for quashing of F.I.R.No.24 dated 27.2.2004 under Sections 304-A, 279, 337, 427 IPC registered at Police Station Rampura, District Bathinda and all other consequential proceedings arising therefrom. Counsel for the petitioner contends that the aggrieved parties in the present case would be the wife and brother of the deceased. He submits that the petitioner is a driver and owner of the truck with which the accident took place. Apart from him, there is no other person who is an accused in the FIR. He further submits that the widow of the deceased, namely, Amarjit Kaur and Balbir Singh-brother of the deceased have entered into a compromise with the petitioner and they have in the light of the same, stated in their affidavits so filed by them in Court today that they have no objection if the FIR in question is quashed. Counsel for the respondent Crl.Misc.No.M-8076 of 2009 -2- reiterates the submission which has been put-forth by the counsel for the petitioner. Counsel for the State has also no objection if the said FIR is quashed. Mrs. Amarjit Kaur, widow of Megh Singh son of Jagir Singh and Balbir Singh son of Jangir Singh, residents of village Gill Kalan, Tehsil Phul, District Bathinda, are present in Court and identified by their counsel. They have, on being asked by this Court, stated that a compromise has been entered into between them and the petitioner Sukhdev Singh. According to the said compromise, they have no objection to the quashing of the FIR. They state that they do not want to pursue the matter any further in the light of the compromise. Affidavits so placed on record also reiterate the position as has been stated by Amarjit Kaur and Balbir Singh. In view of the compromise dated 14.3.2009 (Annexure P-2) having been entered into between the parties and the statements and affidavits on behalf of respondent No.2 Balbir Singh and Amarjit Kaur, the interest of justice requires that the FIR in question should be quashed. A Larger Bench of this Court in the case of Kulwinder Singh & Ors. Vs. State of Punjab & Anr. 2007(3) RCR (Criminal) 1052, while discussing the scope of quashing of prosecution on the basis of compromise, in exercise of powers under Section 482 Cr.P.C., even in non-compoundable offence(s), has held as under:- “28. 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 Crl.Misc.No.M-8076 of 2009 -3- it truly is “finest hour of justice”. Disputes which have their genesis in a matrimonial discord, landlord-tenant matters, commercial transactions and other such matters can safely be dealt with by the Court by exercising its powers under Section 482 of the Cr.P.C. in the event of a compromise, but this is not to say that the power is limited to such cases. There can never be any such rigid rule to prescribe the exercise of such power, especially in the absence of any premonitions to forecast and predict eventualities which the cause of justice may throw up during the course of a litigation. 29. 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.” Therefore, in view of the discussion above, since the parties have amicably settled the matter, which is otherwise in the interest of justice and appears to have been effected to promote peace and harmony amongst the parties, the instant petition is allowed. Consequently, impugned F.I.R.No.24 dated 27.2.2004 under Sections 304-A, 279, 337, 427 IPC registered at Police Station Rampura, District Bathinda and all other consequential proceedings arising therefrom are hereby quashed. August 21, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE