IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-26343 of 2009 Date of decision : December 1, 2009 Malik Singh and others Petitioners Versus State of Punjab and another Respondents CORAM : HON'BLE MS. JUSTICE NIRMALJIT KAUR Present : Mr. Surinder Garg, Advocate for the petitioners Mr. K.S. Pannu, DAG Punjab NIRMALJIT KAUR, J. (ORAL) This is a petition under Section 482 of the Cr.P.C. for quashing the FIR No. 91 dated 15.8.2001 under Section 452, 323, 506, 148, 149 IPC registered at Police Station Gidderbaha, District Muktsar on the ground that compromise has been effected between the parties. The FIR was got registered by respondent No. 2 against the petitioners and one Gurjit Singh, on the allegations that Gurjit Singh along with the petitioners gave injuries to respondent No. 2 as allegations that the sister of respondent No. 2 namely Sukhjit Kaur solemnized her marriage with above said Gurjit Singh and his family members were against this marriage. However, with the intervention of village Panchayat and respectable persons, compromise has been duly effected. The compromise has been placed on record. Separate statement of Rajwinder Singh has also been recorded. The sister of respondent No. 2 was married to Gurjit Singh. Being unhappy with the marriage, Gurjit Singh alongwith petitioners gave injuries to respondent No. 2. Gurjit Singh main accused has died and the dispute as referred above has already been compromised. It is fit case for exercising inherent jurisdiction under Crl. Misc. No. M-26343 of 2009 2 Section 482 Cr.P.C. Even otherwise the offence under Section 452 IPC is compoundable. The statement of the complainant has been separately recorded. However, Full 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 under Section 482 of the Cr.P.C. High Court had vide power to quash the proceedings even in the non-compoundable offence 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 observed as under:- “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 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 forecase and predict evenutalities which the cause of justice may throw up during the course of a litigation.” In the present case, main accused having died, witness having resiled, complainant having compromised, the chances of conviction are nil. Even otherwise, the fight was between a family. Quashing of FIR would be in the interest of maintaining peace, harmony and serve the Crl. Misc. No. M-26343 of 2009 3 interest of justice. Accordingly, the present petition is allowed and FIR No. 91 dated 15.8.2001 under Section 452, 323, 506, 148, 149 IPC registered at Police Station Gidderbaha, District Muktsar is quashed. (Nirmaljit Kaur) 1.12.2009 Judge reena