IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-29580 of 2009 (O/M). Date of Decision : November 09, 2009. Dhanna Singh and others ...... Petitioner(s). Versus. State of Punjab, and others. ..... Respondent(s). CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. Rajesh Gupta, Advocate, for the petitioner(s). Mr. C.S. Brar, D.A.G. Punjab, for the respondent No. 1-State. Mr. Tarunveer Vashisht, Advocate, for respondents No. 2 to 7. AUGUSTINE GEORGE MASIH, J. (ORAL). The prayer in the present petition is for quashing of cross case registered on the statement of Babli Singh son of Bhagat Singh-respondent No. 2 in F.I.R. No. 106 dated 13.09.2009 under Sections 323/324/325/326/148/149 I.P.C. registered at Police Station Moonak, District Sangrur, and all consequential proceedings arising therefrom on the basis of a compromise dated 10.10.2009, entered into between the parties, copy whereof has been placed on record as Annexure-P-3. Counsel for the petitioners, on the basis of said compromise, states that the dispute having been amicably resolved and there being no grudge against each other, it would be in the interest of justice that the cross case in F.I.R. in question, registered against the petitioners, on the statement of Babli Singh son of Bhagat Singh-respondent No. 2, be quashed. Criminal Misc. No. M-29580 of 2009. Reply on behalf of respondents No. 2 to 7 has been filed in the Court, taken on record. In view of the said reply, counsel for respondents No. 2 to 7 states that in the light of compromise dated 10.10.2009 (Annexure-P-3), entered into between the parties, respondents No. 2 to 7 have no objection to the quashing of the cross case in F.I.R. in question and all consequential proceedings arising therefrom, as they do not want to press the allegations made against the petitioners. He on this basis prays for quashing of cross case in F.I.R. in question and all consequential proceedings arising therefrom. Respondents No. 2 to 7, namely, Babli Singh son of Bhagat Singh, Nachattar Singh son of Bhagat Singh, Nikka Singh son of Bhagat Singh, Bhagat Singh son of Punjab Singh, Sukhjinder Singh son of Nachattar Singh and Balwinder Singh son of Nachattar Singh, are present in the Court and have been identified by their counsel as also by H.C. Gurbachan Singh, Police Station Moonak, District Sangrur. Babli Singh son of Bhagat Singh-respondent No. 2 states that a compromise has indeed been entered into between the parties and in the light of the said compromise dated 10.10.2009 (Annexure-P-3), he does not want to press the allegations made in the cross case against the petitioners and has no objection to the quashing of the same. Other respondents, i.e., respondents No. 3 to 7, namely, Babli Singh son of Bhagat Singh, Nachattar Singh son of Bhagat Singh, Nikka Singh son of Bhagat Singh, Bhagat Singh son of Punjab Singh, Sukhjinder Singh son of Nachattar Singh and Balwinder Singh son of Nachattar Singh, also state that in the light of compromise dated 10.10.2009 (Annexure-P-3), they do not want to pursue the allegations against the petitioners and have no objection to the quashing -2- Criminal Misc. No. M-29580 of 2009. of cross case in F.I.R. in question and all consequential proceedings arising therefrom. In view of the compromise dated 10.10.2009 (Annexure-P-3), entered into between the parties, no useful purpose would be served keeping the dispute alive by way of cross case in the F.I.R., when the dispute has come to an end. 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. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings -3- Criminal Misc. No. M-29580 of 2009. 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, the cross case registered on the statement of Babli Singh son of Bhagat Singh-respondent No. 2 in F.I.R. No. 106 dated 13.09.2009 under Sections 323/324/325/326/148/149 I.P.C. registered at Police Station Moonak, District Sangrur, and all other consequent proceedings arising therefrom, are quashed. (AUGUSTINE GEORGE MASIH) JUDGE November 09, 2009. sjks. -4-