IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-24006 of 2009 (O/M). Date of Decision : September 25, 2009. Kamal Preet Singh ...... Petitioner . Versus. State of Punjab, and another ..... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. B.S. Randhawa, Advocate, for the petitioner . Mr. Aman Deep Singh Rai, A.A.G. Punjab, for respondent No. 1-State. Mr. Jagpal Singh, Advocate, for respondent No. 2-complainant. AUGUSTINE GEORGE MASIH, J. (ORAL). The present petition is for quashing of F.I.R. No. 224, dated 19.11.2008 under Section 308 I.P.C., registered at Police Station Sahnewal, District Ludhiana, and all consequential proceedings arising therefrom on the basis of a compromise dated 03.08.2009 (Annexure-P-2). Counsel for the petitioner submits that a fight had taken place all of sudden, because of which complainant-respondent No. 2 Harshvir Singh was injured. He further submits that a compromise has been entered into between the parties with the intervention of panchayat and respectables of the village and, therefore, the F.I.R. in quashing and all consequential proceedings arising therefrom be quashed. He further submits that the copy of compromise dated 03.08.2009 is placed on record as Annexure-P-2. Criminal Misc. No. M-24006 of 2009. A short reply by way of affidavit of Harshvir Singh s/o Shri Bhupinder Singh, r/o V.P.O. Kohara, Police Station Sahnewal, District Ludhiana, has been file din the Court. Perusal of the F.I.R. shows that petitioner and complainant-respondent No. 2 are neighbours and they have no previous enmity. The fact of compromise between the parties with the intervention of panchayat, respectables, friends, and relatives, has been admitted. It has further been stated that respondent No. 2-complainant does not have any objection to the quashing of F.I.R. in question and all consequential proceedings arising therefrom. Respondent No. 2-complainant Harshvir Singh son of Sh. Bhupinder Singh is present in the Court as has been identified by his counsel and also by H.C. Jagir Singh, Police Station Sahnewal. He states that in the light of compromise, which has been entered into between the parties, he does not have any objection to the quashing of F.I.R. in question and all consequential proceedings arising therefrom. I have heard counsel for the parties. In view of the compromise entered into between the parties and the matter having been amicably resolved and there being no dispute between the parties, it would be in the interest of justice that the F.I.R. in question and all consequential proceedings arising therefrom are quashed. 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 :- -2- Criminal Misc. No. M-24006 of 2009. “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 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. 224, dated 19.11.2008 under Section 308 I.P.C., registered at Police Station Sahnewal, District Ludhiana, and all other consequent proceedings arising there from are quashed. (AUGUSTINE GEORGE MASIH) JUDGE September 25, 2009. sjks. -3-