Crl. Misc. No. M-37135 of 2010 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No. M-37135 of 2010 (O&M) Date of Decision : 26.09.2011 Karamjit Singh .......... Petitioner Versus Ujjagar Singh & others ...... Respondents **** CORAM :HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present:- None for the petitioners. Mr.D.R. Singla, Advocate for the respondents. *** AUGUSTINE GEORGE MASIH , J. (ORAL) This petition has been preferred for quashing of complaint under Section 420, 307, 34 IPC. On 2.2.2011, this Court had passed the following order :- “The present petition has been filed on behalf of the petitioners, namely, Ujjagar Singh, Smt. Sito and Gurmeet Singh for quashing of Criminal Complaint No.IPC-113 dated 22.6.2007 under Sections 420/307/34 IPC pending before the Court of JMIC, Barnala and summoning order dated 1.2.2010 on the basis of compromise annexed as Annexure P-3 with the petition. Adjourned to 23.3.2011. Meanwhile, the parties are directed to Crl. Misc. No. M-37135 of 2010 -2- be present before the trial Court on 15.2.2011 or any other date convenient to the Court for recording statements of the parties. The trial Court is directed to record the statements of both the parties to its satisfaction to know its genuineness that the statements are not the result of any pressure or coercion in any manner. The trial Court is also directed to send a report with regard to validity or otherwise of the compromise effected between the parties or whether any case is pending against either of the parties or not before the next date of hearing.” In compliance with this order report has been submitted by the Addl. Sessions Judge, Barnala, wherein it has been concluded that there appears to be no pressure or coercion on both parties for entering into compromise. The report is taken on record. In the light of the compromise entered into between the parties dated 10.12.2010 (Annexure P-3) the interest of justice would be duly served by quashing the Criminal Complaint and all other consequential proceedings arising therefrom as no useful purpose would be served by further protracting the trial and agony of the criminal proceedings in the light of amicable settlement of the dispute between the parties both Civil and Criminal. 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 Crl. Misc. No. M-37135 of 2010 -3- of prosecution on the basis of compromise, in exercise of powers under Section 482 Cr.P.C., even in non-compoundable offence(s), it was 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 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 Crl. Misc. No. M-37135 of 2010 -4- 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.” The dispute having been amicably resolved and there being no objection to the quashing of the complaint, present petition is allowed. Criminal Complaint No. IPC-113 dated 22.6.2007 under Sections 420/307/34 IPC pending before the Court of JMIC, Barnala, summoning order dated 1.2.2010 and all other consequential proceedings arising therefrom are quashed. 26.09.2011 (AUGUSTINE GEORGE MASIH) 'sp' JUDGE