Crl.M.No.2317-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.2317-M of 2010 Date of order: 24.9.2010 Kala Singh and others ....Petitioners vs. State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Surinder Pal, Advocate for Mr. Hemant Saini, Advocate for the petitioners. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. JASWANT SINGH, J (ORAL) Present petition under section 482 Cr.PC is for quashing of FIR No.111 dated 12.8.2009 under sections 420/467/471/506 of the Indian Penal Code, registered at Police Station Sultanwind, District Amritsar and the subsequent proceedings on the basis of an affidavit dated 18.8.2009(Annexure P-2) arrived at between the accused/petitioners and the complainant. In the FIR complainant Joginder Singh had made allegations against the accused/petitioners that they after trespassing his house forcibly started demolishing his household articles. Said Joginder Singh has filed his affidavit(Annexure P-2) stating therein that he has no objection if the aforesaid FIR and all the subsequent Crl.M.No.2317-M of 2010 #2# proceedings thereto are quashed. Vide order dated 30.3.2010, this Court had called for the report of the Investigating Officer with regard to the compromise and in compliance of the said order, ASI Parshotam Singh, P.S Chatiwind, District Amritsar filed an additional affidavit indicating that he has recorded the statements of all the petitioners. It is stated that statements of Kala Singh (Petitioner No.1) and the complainant- Joginder Singh (respondent No.2) had already been submitted before this Court besides stating that statement of father of one of the petitioners, namely, Rana Singh was recorded since said Rana Singh had gone abroad. Learned state counsel, on instructions from ASI Purshottam Singh, states that the challan has not been presented. He states that he can possibly have no objection to the aforesaid compromise since the complainant is not interested in prosecuting the case. A Full Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052 has held that this Court, in appropriate cases, while exercising powers under Section 482 Cr.P.C., may quash an FIR disclosing the commission of non-compoundable offences. The relevant extracts read 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 Crl.M.No.2317-M of 2010 #3# 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.” Similar views were expressed by Hon'ble the Apex Court in Madan Mohan Abot v. State of Punjab 2008(4) SCC 582, the relevant extract of which is 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.” Keeping in view the above settled legal position and taking into account the fact that both the parties have desired to live in peace and harmony and carry on with their lives without any ill will or rancour by resolving their differences and entering into the aforesaid compromise, it is evident that it is a fit case where there is no impediment in the way of the Court to exercise its inherent powers Crl.M.No.2317-M of 2010 #4# under Section 482 Cr.P.C., for quashing of the FIR in the interest of justice. Accordingly, the present petition is allowed and FIR No.111 dated 12.8.2009 under sections 420/467/471/506 of the Indian Penal Code, registered at Police Station Sultanwind, District Amritsar and all subsequent proceedings arising therefrom, are quashed. September 24, 2010 ( JASWANT SINGH ) manoj JUDGE