IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-20193 of 2009 (O/M). Date of Decision : September 24, 2009. Sohan Lal and another ...... Petitioners . Versus. State of Punjab, and another ..... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. K.S. Sidhu, Advocate, for the petitioners . Mr. Aman Deep Singh Rai, A.A.G. Punjab, for the respondent No. 1-State. Mr. Gurmeet Singh Saini, Advocate, for respondent No. 2-complainant. AUGUSTINE GEORGE MASIH, J. (ORAL). The present petition is for quashing of F.I.R. No. 105, dated 04.07.2009 under Sections 420/467/468/471/120-B I.P.C., registered at Police Station Ahmadgarh, District Sangrur, and all consequential proceedings arising therefrom on the basis of a compromise dated 04.07.2009, copy whereof has been placed on record as Annexure-P-2. Counsel for the petitioners submits that due to misunderstandings between the parties, the F.I.R. was got registered by the complainant-respondent No. 2 Jagwinder Singh and with the intervention of the panchayat and the respectables of the family and friends, the matter has been amicably resolved and now there being no dispute between the parties and the compromise having been entered into between the parties, which is indeed in writing. On the basis of said compromise, he prays for quashing of Criminal Misc. No. M-20193 of 2009. the F.I.R. asserting therein that an affidavit dated 20.07.2009 (Annexure-P- 3). He on the basis of the said compromise and affidavit states that the present petition be allowed and the F.I.R. in question and all consequential proceedings arising therefrom be quashed. Counsel for respondent No. 2-complainant has filed an affidavit 24.09.2009 of Jagwinder Singh son of Bachan Singh resident of Village Maherna Khurd, Tehsil Malerkotla, District Sangrur, which is taken on record. On the basis of said affidavit, he submits that the compromise has been entered into between the parties and the matter has been settled between them. He further states that respondent No. 2-complainant does not have any objection, if the F.I.R. in question and all consequential proceedings arising therefrom are quashed. Jagwinder Singh son of Bachan Singh resident of Village Maherna Khurd, Tehsil Malerkotla, District Sangrur, is present in the Court as has been identified by his counsel as also by S.I. Sat Parkash, Police Station Ahmadgarh, District Sangrur. He states that the amicable resolution of the dispute has taken effect in the form of compromise and now in the light of the same, he does not want to pursue the mater any further and has no objection, if the F.I.R. in question and all consequential proceedings arising therefrom are quashed. In the light of the statement of the complainant-respondent No. 2 Jagwinder Singh as also affidavit which has been filed in the Court today, the matter having been amicably resolved and there being no dispute pending between the parties, the interest of justice would be served by putting an end to the dispute, which no more exists. Accordingly, the -2- Criminal Misc. No. M-20193 of 2009. present petition deserves to be allowed and the F.I.R. in question and all consequential proceedings arising therefrom deserve to be quashed. Reliance can be made upon the Larger Bench Judgment of this Court in the case Kulwinder Singh and others Versus State of Punjab and another 2007(3) R.C.R. (Criminal) 1052, while discussing the scope of quashing of prosecution on the basis of compromise, by this Court in exercise of powers under Section 482 Cr.P.C., even in non-compoundable offences, 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, 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.” -3- Criminal Misc. No. M-20193 of 2009. Therefore, in view of the discussion above, since the parties have amicably settled the matter, which is otherwise in the interest of justice and appears to have been effected to promote peace and harmony amongst the parties, the instant petition is allowed. Consequently, impugned F.I.R. No. 105, dated 04.07.2009 under Sections 420/467/468/471/120-B I.P.C., registered at Police Station Ahmadgarh, District Sangrur, and all other consequent proceedings arising there from are quashed. (AUGUSTINE GEORGE MASIH) JUDGE September 24, 2009. sjks. -4-