Crl. Misc.No. M-35753 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc.No. M-35753 of 2010 (O&M) Date of decision : 13.05.2011 Mahla Singh and others ....Petitioners versus State of Punjab and another ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present: None for the petitioners. Mr. Guninder Singh Brar, AAG, Punjab for respondent No. 1-State **** RITU BAHRI , J. (Oral) This is a petition under Section 482 of the Code of Criminal Procedure for quashing of case F.I.R No.121 dated 09.04.2003 under Sections 452, 323, 34 of IPC, registered at Police Station Sadar Fazilka, District Ferozepur, at the instance of one Bakho Bai and all the subsequent proceeding arising therefrom, on the basis of compromise. Brief facts of the case are that on 9.04.2003, Bakho Bai (respondent No. 2) at about 21/2 P.M., Bachan Singh, Malkit Singh, Jangir Singh, Kashmir Singh, Jangir Singh, Gurdit Singh armed with sticks, Sabbals etc came while raising lalkaras. Gurdit Singh inflicted two blows upon the complainant which hit on her head. After raising lalkara, family members of the complainant came there and tried to save him. Mahla Singh inflicted stick blow on the complainant and Bachan Singh inflicted stick blow on the complainant which hit on her forehead. Malkeet Singh gave two blows with stick which hit on her left hand. Thereafter, people came there and on seeing them, the accused fled away from the spot along with their weapons. In the above Crl. Misc.No. M-35753 of 2010 (O&M) -2- background, FIR was registered against the petitioners. However, during the pendency of the trial, Jangir Singh alias Ujaggar Singh s/o Jhanda Singh has died, so, he is not being impleaded as party. A compromise has also been effected between the parties. As per compromise/affidavit, the parties have compromised the matter. In compliance of order dated 18.01.2011, Judicial Magistrate, Ist Class, Fazilka has sent the report. Both the parties were called upon. On 10.02.2011 statement of complainant Bakho Bai was recorded in the Court stating therein that one accused Jagir Singh son of Jhanda Singh has since expired and with the intervention of respectables of the area, she has entered into a compromise with the accused-petitioners on her own free will and without any sort of pressure and coercion. She has stated that the matter with regard to complaint case in which she is also one of the accused has also been compromised and further stating that the compromise is aimed at maintaining peace and harmony and for the welfare of both the parties. Broad guidelines have been laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) 1052 for quashing the prosecution when parties entered into compromise. The Full Bench has observed that this power of quashing is not confined to matrimonial disputes alone. The relevant portion of the judgment reads as under:- “26. In Mrs. Shakuntala Sawhney v. Mrs. Kaushalya Sawhney and others, (1980)1 SCC 63, Hon'ble Krishna Iyer, J. aptly summoned up the essence of compromise in the following words :- “The finest hour of justice arrived propitiously when parties, despite falling apart, bury the Crl. Misc.No. M-35753 of 2010 (O&M) -3- hatchet and weave a sense of fellowship of reunion.” 27. The power to do complete justice is the very essence of every judicial justice dispensation system. It cannot be diluted by distorted perceptions and is not a slave to anything, except to the caution and circumspection, the standards of which the Court sets before it, in exercise of such plenary and unfettered power inherently vested in it while donning the cloak of compassion to achieve the ends of justice. No embargo, be in the shape of Section 320(9) if the Cr.P.C., or any other such curtailment, can whittle down the power under Section 482 of the Cr.P.C. 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 emity 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.” The Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429 has examined a Crl. Misc.No. M-35753 of 2010 (O&M) -4- case where quashing was sought of an FIR under Section 406 IPC being non-compoundable. The Hon'ble Supreme Court has held that :- “1. No useful purpose would be served in continuing with the proceedings in the light of the compromise – There was no possibility of conviction. 2 It is advisable that in the disputes where question involved is of purely personal nature and no public policy is involved – Court should ordinarily accept the compromise. 3. Keeping the matter alive with no possibility of conviction is a luxury which the Courts, grossly overburdened as they are, cannot afford.” Consequently, in view of the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab (supra) and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and others vs. State of Punjab and another (supra), F.I.R No.121 dated 09.04.2003 under Sections 452, 323, 34 of IPC, registered at Police Station Sadar Fazilka, District Ferozepur is quashed with all consequential proceedings arising therefrom qua petitioners. Accordingly, the petition stands disposed of. (RITU BAHRI) JUDGE May 13, 2011 G.Arora