IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-6523 of 2009 (O/M). Date of Decision : September 24, 2009. Nirmal Singh ...... Petitioner . Versus. State of Punjab, and another ..... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. G.S. Sandhu, Advocate, for the petitioner . Mr. Aman Deep Singh Rai, A.A.G. Punjab, for the respondent No. 1-State. Mr. A.K. Saini, Advocate, for respondent No. 2-complainant. AUGUSTINE GEORGE MASIH, J. (ORAL). The present petition is for quashing of F.I.R. No. 81, dated 26.08.2007 under Sections 279, 337, 427 I.P.C., registered at Police Station Sherpur, District Barnala, and all consequential proceedings arising therefrom on the basis of a compromise dated 27.02.2009 (Annexure-P-2). Counsel for the petitioner submits that the matter primarily was of an accident, which had taken place while the petitioner was driving a bus, leading to the registration of the F.I.R. against the petitioner. Now, during the pendency of the case, an amicable settlement has been entered into between the parties, wherein a compromise has taken place and in acceptance of this fact, an affidavit dated 27.02.2009 has been filed in the Court by Shri Gurmail Singh-respondent No. 2, who is the complainant. He submits that the other two injured persons namely Mohinder Singh s/o Harnek Singh Criminal Misc. No. M-6523 of 2009. resident of Village Runike, Tehsil Dhuri, District Sangrur and Charan Singh Punch, son of Mihan Singh, resident of Village Runike, Tehsil Dhuri, District Sangrur, also do not have any objection to the quashing of F.I.R. in question and all consequential proceedings arising therefrom. He on the basis of compromise prays that the present petition be allowed and the F.I.R. in question and all consequential proceedings arising therefrom be quashed. Counsel for respondent No. 2-complainant Gurmail Singh accepts the factum of compromise, which has been entered into between the parties and further states on the basis of reply filed by way of affidavit to the petition that the complainant has no objection, if the F.I.R. in question and all consequential proceedings arising therefrom are quashed. Similar affidavits have also been filed by Mohinder Singh son of Harnek Singh and Charan Singh Punch son of Mihan Singh, who are injured, where again they have stated that in the light of compromise, they do not want to pursue the matter and they do not have any objection, if the F.I.R. in question and all consequential proceedings arising therefrom are quashed. Shri Gurmail Singh son of Mahar Singh respondent No. 2- complainant and Mohinder Singh son of Harnek Singh alongwith Charan Singh Punch son of Mihan Singh are present in the Court as have been identified by their counsel Shri A.K. Saini. H.C. Baljinder Singh, Police Station Sherpur, Tehsil Dhuri, District Sangrur, who is present in the Court, also identifies respondent No. 2-complainant Gurmail Singh, Mohinder Singh and Charan Singh Punch. They state that the affidavits given by them are correct and that a compromise has been entered into between the parties and they do not have any objection, if the F.I.R. in question and all consequential proceedings arising therefrom are quashed. -2- Criminal Misc. No. M-6523 of 2009. In view of the above position, it would be in the interest of justice that the F.I.R. in question and all consequential proceedings arising therefrom are quashed, so that the amicable settlement, which has been entered into between the parties, leads to the furtherance of the amicable resolution of the dispute and they can move forward without any grudge against each other. Reliance can be made upon the Larger Bench Judgment of this Court in the case Kulwinder Singh and others Versus State of Punjab and another 2007(3) R.C.R. (Criminal) 1052, while discussing the scope of quashing of prosecution on the basis of compromise, by this Court in exercise of powers under Section 482 Cr.P.C., even in non-compoundable offences, 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 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. -3- Criminal Misc. No. M-6523 of 2009. 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. 81, dated 26.08.2007 under Sections 279, 337, 427 I.P.C., registered at Police Station Sherpur, District Barnala, and all other consequent proceedings arising there from are quashed. (AUGUSTINE GEORGE MASIH) JUDGE September 24, 2009. sjks. -4-