Crl. Misc. No. M-19524 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-19524 of 2009 Date of Decision : August 17, 2009 Des Raj son of Dewan Chand and another .... Petitioners Vs. State of Punjab and another .... Respondents CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH * * * Present : Mr. Aman Bansal, Advocate for the petitioners. Mr. Amandeep Singh Rai, AAG, Punjab, for respondent No.1. Ms. Nisha Goel, Advocate, for respondent No. 2. * * * AUGUSTINE GEORGE MASIH, J. (ORAL) The present petition has been filed for quashing of the FIR No. 63 dated 13.06.2009 under Section 304-A IPC, registered at Police Station Sadar Dhuri and all the consequential proceedings arising therefrom on the basis of a compromise, which has been entered into between the parties on 16.07.2009, which has been placed on record as Annexure P-1. Crl. Misc. No. M-19524 of 2009 2 Counsel for the petitioners relies upon the affidavit dated 16.07.2009 (Annexure P-2) filed by Darshan Singh-complainant acknowledging therein the factum of compromise having been entered into between the parties. He contends that there was a misunderstanding between the petitioners and respondent No. 2, which having been removed, the dispute stands amicably resolved, therefore, the present FIR may be quashed. Upon notice having been issued, affidavit of Darshan Singh s/o Mukand Singh s/o Bagga Singh, resident of Village Inna Bajwa, Tehsil Dhuri, District Sangrur, has been filed, wherein he has submitted that there was some misunderstanding between the parties and the same having been removed now, with the intervention of the elders and respectables of the city, a compromise has been entered into. He admits the compromise dated 16.07.2009, which has been placed on record as Annexure P-1. He further submits in the affidavit that he has no objection to the quashing of the FIR and all consequential proceedings arising therefrom. Sh. Darshan Singh s/o Mukand Singh s/o Bagga Singh is present in the Court, as has been identified by his counsel. He states that in the light of the compromise dated 16.07.2009, he does not want to pursue the matter any further as the misunderstanding has been cleared and he has no objection to the quashing of the FIR and all consequential proceedings arising therefrom. In the light of the compromise, which has been entered into between the parties and keeping in view the affidavit and submissions made Crl. Misc. No. M-19524 of 2009 3 by the complainant before the Court, it would be in the interest of justice that the FIR in question be quashed so that the parties are not unduly harassed and go through the procedure of attending Courts on each date of hearing. The matter having been amicably resolved between the parties, it would be just and proper that FIR in question, which in fact was on the basis of a misunderstanding, as has been stated in the affidavit, deserve to be quashed. Reliance can be made upon the Larger Bench Judgment of this Court in the case Kulvinder 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 Crl. Misc. No. M-19524 of 2009 4 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 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 and 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 FIR No. 63 dated 13.06.2009 under Section 304-A IPC, registered at Police Station Sadar Dhuri and all the consequential proceedings arising therefrom are quashed. August 17, 2009 (AUGUSTINE GEORGE MASIH ) pj JUDGE Crl. Misc. No. M-19524 of 2009 5