CRM No.15977-M of 2010 # 1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANAT AT CHANDIGARH. CRM No.15977-M of 2010 Date of Decision:-12.07.2010 Hukam Singh. ......Petitioner. Versus State of Punjab & Anr. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. N.S. Swaitch, Advocate for the Petitioner. Mr. Kirat Singh Sidhu, DAG, Punjab for the respondent-State. JASWANT SINGH, J.(ORAL) Present petition has been filed under section 482 Cr.PC for quashing of the FIR No.56 dated 24.4.2010 under sections 279, 337 of the Indian Penal Code, registered at Police Station Kurali, District S.A.S. Nagar, Mohali on the basis of the compromise. Complainant Nirmal Singh and the injured Jaspal Kaur are present in the court and they have been identified by their counsel Sh. Deepak Gupta, Advocate. Jaspal Kaur states that she has received compensation for her injuries suffered by her from the petitioner Hukam Singh, who was the driver of the offending vehicle which CRM No.15977-M of 2010 # 2# caused the accident. She states that she does not wish to pursue the case any further, therefore, has no objection if the present FIR and the subsequent proceedings are quashed. Complainant Nirmal Singh has also stated that he has no objection if the FIR in question stands quashed. A Full Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052 has held that this Court, in appropriate cases, while exercising powers under Section 482 Cr.P.C., may quash an FIR disclosing the commission of non- compoundable offences. The relevant extracts read 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 Section 320 of the Cr.P.C., in order to prevent the abuse of law and to secure the ends of justice.” Similar views were expressed by Hon'ble the Apex Court in Madan Mohan Abot v. State of Punjab 2008(4) SCC 582, the relevant extract of which is 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 CRM No.15977-M of 2010 # 3# overburdened as they are, cannot afford and that the time so saved can be 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.” Keeping In view the above settled legal position and taking into account the fact that both the parties have desired to live in peace and harmony and carry on with their lives by resolving their differences and entering into the aforesaid compromise, it is evident that 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 the FIR in the interest of justice. Accordingly, the present petition is allowed and FIR No.56 dated 24.4.2010 under sections 279 and 337 IPC P.S. Kurali, District S.A.S. Nagar, Mohali and all subsequent proceedings arising therefrom, are quashed. ( JASWANT SINGH ) JUDGE 12th July, 2010 Vinay.