IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. M. No.M-31560 of 2009 Date of Decision:29.9.2010 Jasbir Kaur .... Petitioner Versus State of Punjab and another .... Respondents And Crl. M. No.M-6204 of 2010 Date of Decision:29.9.2010 Sandeep Singh and another .... Petitioners Versus State of Punjab and another .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. Ashu Kaushik, Advocate for Mr. Ranjan Lakhanpal, Advocate. Mr. K.S. Pannu, D.A.G. Punjab. Mr. R.K. Singla, Advocate. **** 1.Whether Reporters of Local Newspapers may be allowed to see the judgment? 2.To be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? NIRMALJIT KAUR, J. The instant petitions have been filed for quashing of FIR No.71 dated 9.6.2009 registered under Sections 326/323/34 IPC at Police Station Goraya, Jalandhar as well as cross version dated 9.6.2010 given in the aforesaid FIR and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties. The brief facts of this case are that a clash took place between the parties over some transaction of money for which both the parties sustained injuries and FIR in question as well as cross case was registered. It is relevant to mention here that in the FIR case Gurbir Singh son of respondent No.2/complainant, who is minor, is the aggrieved party. Respondent No.2/complaint being the guardian of said Gurbir Singh had Crl. M. No.M-31560 of 2009 -2- lodged the FIR in question. However, the matter has since been compromised. Compromise deeds have been placed on record as Annexure P-2 and Annexure P-3 in both the petitions. Today, the parties are present in the Court to substantiate the compromise. Affidavits of respondent No.2- complainant in Crl. M. No.31560-M of 2009 and respondent No.2- complainant in Crl. M. No.6404-M of 2010 are also placed on authenticating the compromise stating that the matter has been compromised with the intervention of the respectables of the village and the said compromise was entered into without any pressure and out of their own sweet will. They have no objection, if the FIR in question as well as cross case are quashed. The Full Bench of this Court, in the case of Kulwinder Singh and others v. State of Punjab and another 2007(3) RCR (Criminal) 1052 has held that 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 not only in matrimonial discord but others as well, such compromise deserves to be accepted. It is further held 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.” In the case of Madan Mohan Abbot v. State of Punjab 2008 (4) S.C. Cases 582, the Apex Court emphasised and advised 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 Crl. M. No.M-31560 of 2009 -3- 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 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.” In view of the settled proposition of law and in the facts of the present case, it is a fit case where there is no impediment in the way of the Court to accept the compromise and exercise its inherent powers under Section 482 Cr.P.C. for quashing of FIR in the interest of justice to promote peace and harmony. The compromise is entered into without any pressure. The parties are co-villagers. Accordingly, the instant petitions are allowed and FIR No.71 dated 9.6.2009 registered under Sections 326/323/34 IPC at Police Station Goraya, Jalandhar as well as cross version dated 9.6.2010 given in the aforesaid FIR and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties are hereby quashed in the interest of justice. A photo copy of this order be placed on the connected case. 29.9.2010 ( NIRMALJIT KAUR ) rajeev JUDGE