Crl. Misc. No.M-34758 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-34758 of 2009 Date of Decision: 27.01.2010 Onkar Singh ....Petitioner Versus State of Punjab and others ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. Harsh Aggarwal, Advocate for the petitioner. Mr. K.S. Pannu, D.A.G., Punjab Mr. Mandeep Kaushik, Advocate for respondents No.2 to 5. ***** 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. (ORAL) This is a petition under Section 482 Cr.P.C. for quashing of the FIR No.181 dated 07.07.2005 under Sections 279/337/338 and 427 IPC at Police Station City, Nawanshahr and all subsequent proceedings arising therefrom on the basis of compromise entered into between the parties. The FIR was registered against the present petitioner by respondent No.2-Yashpal. As per the allegations in the FIR, the petitioner while driving Car no.HR-23-B-1866, hit the car of the complainant bearing No.PB-24-4781. In this process, the complainant suffered injuries on the right arm and right leg. The other respondents No.2 to 5 also suffered injuries. All the injuries are simple in nature. Crl. Misc. No.M-34758 of 2009 2 However, now with the intervention of the respectables of the area, a compromise has been arrived at between the parties. The original compromise dated 30.10.2009 has been placed on record as P-2. As per the compromise, the complainant and the other injured respondents No.2 to 5 have no objection, if the said FIR is quashed. An affidavit of Yashpal son of Sh. Kashmiri Lal has been filed stating therein that he has no objection, if the said FIR is quashed. Similar affidavits have also been filed by Yashpal son of Sh. Kashmiri Lal (respondent No.2), Meena Kanda wife of Sh. Yashpal (respondent No.3) and Kashmiri Lal son of Khurma Ram (respondent No.4) stating that the matter has been amicably settled and they have no objection, if the said FIR is quashed. The Full Bench of this Court, in the case of Kulwinder Singh and others vs. 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 vs. State of Punjab 2008(4) S.C. Cases 582, the Apex Court emphasised and advised as Crl. Misc. No.M-34758 of 2009 3 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 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.” The present dispute is a personal in nature and the matter has been compromised between the parties. Affidavits of the injured and the complainant have been placed on record. A compromise dated 30.10.2009 which has been effected between the parties with the intervention of the respectables of the area, has also been placed on record as P-2. Taking into account the facts of the case and the dispute being amicably settled, it would be in the interest of justice if the FIR is quashed and the parties are allowed to move on in life. Accordingly, the present petition is allowed and FIR No.181 dated 07.07.2005 under Sections 279/337/338 and 427 IPC at Police Station City, Nawanshahr and all subsequent proceedings arising therefrom are hereby quashed in the interest of justice. (NIRMALJIT KAUR) 27.01.2010 JUDGE gurpreet