CRIMINAL MISC. M NO.21688 OF 2008 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: OCTOBER 22, 2008 Subhash Chander Mahajan and others .....Petitioners VERSUS State of Punjab and others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Mr. Ashok Saini, Advocate, for the petitioners. Mr. D. S. Brar, DAG, Punjab, for respondent No.1. Mr. Jaswinder Randhawa, Advocate, for respondent Nos.2 to 8. **** RANJIT SINGH, J. (ORAL) The prayer made in the present petition is for quashing of FIR No.78 dated 23.4.2004, under Sections 307, 325, 324, 323, 452, 506, 427, 148, 149 IPC and a Complaint Case No.443/1, dated 22.5.2004 (Annexure P-2) titled `Subash Chander Mahajan Vs. Vijay CRIMINAL MISC. M NO.21688 OF 2008 :{ 2 }: Chopra and other'. At the outset, counsel for the petitioners submits that prayer in regard to quashing of the complaint may be dismissed as not pressed as the petitioners would make a move to withdraw the same from the Trial Court where it is pending adjudication. It is so ordered. Accordingly, prayer for quashing of the FIR afore-mentioned is only being dealt within the instant petition. FIR shows that there was an altercation at Health Club Gandhi Chowk, Pathankot, at about 9 P.M. on 21.4.2004 between Sahil and the complainant. On 22.4.2004, while the complainant was going to his house after closing the shop, Nitu Kumar, Bitu armed with Kirpan and Takua, Subhash Mahajan, Kuka Mahajan armed with dangs, Mannu son of Subash Mahajan armed with iron rod and Sunny armed with hockey came there raising Lalkara and entered into the house of the complainant. It is further alleged that Bhanu stated that complainant be taught a lesson. Then the accused persons (now the petitioners) had used their different weapons to cause injuries to the complainant. The detail of the incident need not be noticed further as prayer made in the present petition is for quashing of FIR on the basis of a compromise. The petitioners have also filed a criminal complaint, which is pending adjudication before the Trial Court. During the pendency of the proceedings, the parties have reached a compromise, copy of which has been annexed with the petition as Annexure P-3. A perusal of the compromise would show that both the parties are residents of the same locality and having CRIMINAL MISC. M NO.21688 OF 2008 :{ 3 }: their houses located therein. There has been version and cross- version of the incident, leading to registration of an FIR and filing of a complaint. Now with the intervention of the respectables of the area, they have patched up their dispute and differences and are wanting to live peacefully in future. The parties are present in person before the Court and through their counsel admit that they have reached a compromise, Annexure P-3. The parties have reached a compromise. They are neighbours and have decided to live in peace in future. This action on their part needs to be encouraged. Even otherwise, as per the law laid down by Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and others), reported as 2007 (3) Law Herald (P&H) (FB) 2225, power under Section 482 Cr.P.C. can not have any fetters and it can not be eclipsed by any contingencies and the same can not be made diminutive in sense and substance and can not be a hostage to one class or category of cases. As held in this case, compromise in a modern society is the sine-qua-non of harmony and orderly behaviour. It is a soul of justice and if the power under Section 482 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. Since the parties have reached a compromise, no useful purpose will be served in allowing these proceedings to continue. This will only lead to wastage of time of the Court. The present petition is accordingly allowed. FIR No.78 dated 23.4.2004, under Sections 307, 325, 324, 323, 452, 506, 427, 148, 149 IPC registered at Police Station Division No.1, Pathankot, CRIMINAL MISC. M NO.21688 OF 2008 :{ 4 }: and all subsequent proceedings arising therefrom are hereby quashed. October 22,2008 ( RANJIT SINGH ) khurmi JUDGE