Crl.Misc.No.M-30997 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-30997 of 2011 (O&M) Date of decision:22.02.2012 Jagdeep Singh and another ....Petitioners Versus State of U.T.Chandigarh and another ....Respondents CORAM : HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present: Mr. Mohinder Kumar, Advocate, for the petitioners. Mr. Preetpal Singh, APP, U.T.Chandigarh. Mr. Anantdeep Singh, Advocate, for respondent No.2. * * * RAKESH KUMAR GARG, J (ORAL) This is a petition for quashing of FIR No.18 dated 16.01.2009, under Sections 323/506/147/149 IPC (Section 325 IPC added later on), registered at Police Station, Sector 34, Chandigarh, on the basis of compromise (Anneuxre P-2) and the affidavit (Annexure P-3) of the complainant / respondent No.2. It has been averred in this petition that after registration of the aforementioned case, the respectable persons from both the sides intervened and the matter was got compromised and now there is no ill will against each other. It has been further averred that the complainant does not want to pursue the FIR in question and has no objection, if the FIR is quashed. Mr. Preetpal Singh, APP, U.T.Chandigarh has put in appearance on behalf of UT, Administration and has submitted that Crl.Misc.No.M-30997 of 2011 (O&M) 2 in the instant case challan has already been presented and even the charges have been framed, but no evidence has been led. Respondent No.2 has put in appearance through his counsel and has also filed short reply by way of affidavit wherein it has been stated that the matter has been compromised between the parties and he has no objection, if the FIR in question and consequential proceedings are quashed. The parties are also present in the Court and duly identified by their counsels. Before this Court, the parties have supported the compromise as stated above. 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 in appropriate cases, while exercising powers under Section 482 Cr.P.C., this Court 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 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.” Keeping in view the above settled legal position and taking into account the fact that both the parties have desired to live Crl.Misc.No.M-30997 of 2011 (O&M) 3 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 legal impediment in the way of the Court to exercise its inherent powers 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.18 dated 16.01.2009 under Sections 323/506/147/149 IPC (Section 325 IPC added later on), registered with Police Station Sector 34, Chandigarh and all subsequent proceedings arising therefrom are quashed against the petitioners. February 22, 2012 (RAKESH KUMAR GARG) savita JUDGE