IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-11807 of 2011 Date of decision: 18th May, 2011 Naresh Kumar and others … Petitioners Versus State of Punjab and another … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Naveen Sharma, Advocate for the petitioners. Mr. J.S. Bhullar, Assistant Advocate General, Punjab for respondent No.1. Mr. Surinder Sharma, Advocate for respondent No.2. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.33 dated 07.03.2011 registered at Police Station Nangal, Tehsil Nangal, District Ropar under Sections 323, 452, 148 and 149 IPC along with all subsequent proceedings. Quashing of the above said FIR has been sought on the basis of a compromise (Annexure P-2) dated 6th April, 2011 arrived at between the parties. Complainant-Shamsher Singh made a statement to the police, on the basis of which the impugned FIR was registered. In his statement, Shamsher Singh stated that he was posted as an Electrician in BBMB. On 6th March, 2011, he along with his family members was present at his house. At about 7.30 p.m. five boys named as Naresh, Dinesh, Rahul, Montu and Spata came and gave kick and fist blows to the Criminal Misc. No. M-11807 of 2011 complainant. They also ransacked the domestic articles lying in the house. Today, complainant-Shamsher Singh is present in the Court along with his counsel, Mr.Surinder Sharma, Advocate. The reply filed by way of an affidavit of complainant-respondent No.2 Shamsher Singh is taken on record. ASI Madan Lal from Police Station Nangal, Tehsil Nangal, District Ropar, who is also present in the Court to assist counsel for the State, has identified the complainant-respondent No.2 Shamsher Singh. Mr. Surinder Sharma, Advocate on instructions from complainant-Shamsher Singh has stated that due to the intervention of respectables and neighbours, a compromise has been arrived at between the parties and they have decided to bury the hatchet and to promote amity, harmony and everlasting peace. Mr. Sharma has further stated that the complainant has agreed to facilitate quashing of the impugned FIR. The complainant-Shamsher Singh has also prayed before me that the impugned FIR be quashed. Counsel for the State has submitted that since the offences are trivial in nature and only simple injuries have been caused, the State will not stand in the way of compromise arrived at between the parties. A Full Bench of this Court in ‘Kulwinder Singh and others v. State of Punjab and another’ 2007(3) RCR (Criminal) 1052 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, 2 Criminal Misc. No. M-11807 of 2011 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. 30. The power under Section 482 of the Cr.P.C. is to be exercised Ex-Debitia Justitia to prevent an abuse of process of Court. There can neither be an exhaustive list nor the defined para-meters to enable a High Court to invoke or exercise its inherent powers. It will always depend upon the facts and circumstances of each case. The power under Section 482 of the Cr.P.C. has no limits. However, the High Court will exercise it sparingly and with utmost care and caution. The exercise of power has to be with circumspection and restraint. The Court is a vital and an extra-ordinary effective instrument to maintain and control social order. The Courts play role of paramount importance in achieving peace, harmony and ever-lasting congeniality in society. Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of a Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery.” 3 Criminal Misc. No. M-11807 of 2011 For the sake of social harmony, amity and everlasting peace, this Court shall grant due credence to the compromise arrived at between the parties. Hence, taking totality of the circumstances into consideration, including the ratio of law laid down in Kulwinder Singh’s case (supra), present petition is accepted and the impugned FIR along with all subsequent proceedings is quashed. [KANWALJIT SINGH AHLUWALIA] JUDGE May 18, 2011 rps 4