Crl.Misc.No.M- 5239 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.Misc.No.M- 5239 of 2010 Date of Decision: 23.04.2010. Sharanjit Singh and others -----Petitioners. VERSUS State of Punjab and others. ---Respondents. CORAM : HON'BLE Ms. JUSTCE NIRMALJIT KAUR. Present:- Mr. N.S.Minhas, Advocate, for the petitioners Mr. K.S.Pannu, DAG, Punjab, for respondent No.1. Mr. L.S.Padda, Advocate, for respondent No.2. 1.Whether Reporters of Local Newspapers may be allowed to see the judgment? 2.To be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? NIRMALJIT KAUR,J. (ORAL) Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure for Crl.Misc.No.M- 5239 of 2010 2 quashing of FIR No. 152 dated 19.8.2008 registered under Sections 324, 326, 148, 149/ 506 I.P.C., at Police Station P.S.Garhshankar, District Hoshiarpur (Annexure P-1) and all the consequential proceedings arising thereto on the basis of compromise/ affidavit dated 20.1.2010 (Annexure P-2) entered between the parties. Vide order dated March 18, 2010, the parties were directed to appear before the District & Sessions Judge, Hoshiarpur for recording their statements. He was further directed to record their statement and send a report as to whether the compromise in question was genuine or not. In pursuance to the said order, the learned District & Sessions Judge, Hoshiarpur has filed the report dated 3.4.2010 verifying that compromise entered into between the parties is genuine and the same has been arrived at without any threat or inducement. The Full Bench of this Court, in the case of Kulwinder Singh and others v. State of Punjab and another 2007(3) RCR (Criminal) 1052 has held that 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 Crl.Misc.No.M- 5239 of 2010 3 “finest hour of justice”. Disputes which have their genesis not only in matrimonial discord but others as well, such compromise deserves to be accepted. It is further held 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 ection 320 of the Cr.P.C in order to prevent the abuse of law and to secure the ends of justice.” In the case of Madan Mohan Abbot v. State of Punjab 2008(4) S.C. Cases 582, the Apex Court emphasised and advised 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 Crl.Misc.No.M- 5239 of 2010 4 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.” Taking into account the compromise which has been effected between the parties and the affidavit duly sworn by respondent No.2 as well as the statement made before the trial Court authenticating the compromise, it is a fit case where there is no impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C. for quashing of FIR with a view to promote, peace and harmony between the parties. Accordingly, the present petition is allowed and FIR No. 152 dated 19.8.2008 registered under Sections 324, 326, 506, 148, 149 I.P.C. at Police Station Garhshankar and all subsequent proceedings arising therefrom are hereby quashed in the interest of justice. April 23, 2010 ( NIRMALJIT KAUR) Anoop JUDGE