IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-29408 of 2009 Date of decision : December 1, 2009 Tajinder Singh and others Petitioners Versus State of Punjab and others Respondents CORAM : HON'BLE MS. JUSTICE NIRMALJIT KAUR Present : Mr. Sarju Puri, Advocate for the petitioners Mr. K.S. Pannu, DAG Punjab NIRMALJIT KAUR, J. (ORAL) This is a petition under Section 482 of the Cr.P.C. for quashing the FIR No. 54 dated 11.3.2007 under Section 324, 323, 326, 148, 149 IPC registered at Police Station Phillaur, District Jalandhar. It is stated that the parties have compromised. The compromise dated 4.10.2009 (Annexure P-2) between the parties has also been placed on record. In pursuance to the same, this Court vide order dated 23.10.2009 had directed the parties to appear before the trial Court on 4.11.2009 and the trial Court was directed to record the finding whether any volunteer compromise has been arrived at between the parties or not. The report of the trial Court has been received. The trial Court has recorded the following finding:- “In this regard, statements of the complainant Gurdev Singh is recorded in the court today, who has stated that a case bearing FIR No. 54 dated 11.3.2007 u/s 324/323/326/148/149 IPC has been registered in Police Station, Phillaur on the basis of his statement and he has compromised with the accused at his own free will and without any pressure from any one. Parminder Singh, injured is residing in Italy and Mangal is Crl. Misc. No. M-29408 of 2009 2 residing in Dubai. All the accused in their joint statement have stated that they have compromised the matter with the complainant. From the complainant Gurdev Singh is identified by Kulwant Ram, Numberdar of the village. This court is satisfied that the statement given by the complainant in the court is voluntarily and without any inducement, threat or promise.” The Full Bench in the case of Kulwinder Singh and others vs. State of Punjab and another, 2007(3) RCR(Criminal) 1052 has held as under:- “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. In the present case, FIR was registered against the petitioners on complaint of respondent No. 2. A cross case was also registered against the respondents. The compromise has been effected between the parties to promote peace and harmony. They all are fellow villagers. The dispute herein is not that which can not be quashed on the basis of Crl. Misc. No. M-29408 of 2009 3 compromise. The guidelines laid down in the case of Kulwinder Singh and others (supra) covers the case in hand. The said compromise is admittedly effected without any pressure. Keeping in view, the interest of justice and to enhance social amity and reduce friction, the present petition is allowed and FIR No. 54 dated 11.3.2007 under Section 324, 323, 326, 148, 149 IPC registered at Police Station Phillaur, District Jalandhar is quashed. (Nirmaljit Kaur) 1.12.2009 Judge reena