Crl. Misc. No. M- 8931 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 8931 of 2011 DATE OF DECISION: November 4, 2011 Nachattar Singh & others .....Petitioners VERSUS Sate of Punjab & others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH PRESENT: Mr. GS Gill, Advocate for the petitioners. Mr. Gaurav Garg Dhuriwala, DAG, Punjab, for the State. Mr. Sandeep Kumar, Advocate, for respondent Nos.2 & 3. **** RANJIT SINGH, J. The petitioners have filed this petition for quashing of FIR No.19 dated 2.3.2011 registered under Sections 452/326/325/34 IPC, at Police Station Arni Wala, District Ferozepur, on the basis of compromise. Copy of the compromise is annexed with the petition as Annexure P-2. While issuing notice of motion in this case on 23.3.2011, this Court had directed to the parties to appear before the Illaqa Magistrate to record their respective statements. The Court had further directed the Illaqa Magistrate to satisfy itself about the genuineness of the compromise and also to ensure that the statements are not being made on account of any pressure or Crl. Misc. No. M- 8931 of 2011 -2- coercion in any manner. Illaqa Magistrate was also directed to send the report along with the statements of the parties about the validity or otherwise of the compromise effected between the parties. The report has now been received from the Illaqa Magistrate through a communication dated 9.4.2011. As per the report, the petitioners had moved an application before the Court for recording their statements on the basis of a compromise as per the directions issued by this Court. The petitioners were duly identified by their counsel Sh. R.S. Dhaliwal. Each of the petitioners have made separate statements. Complainants Harchand Singh and Sukhmander Singh were duly identified by their counsel Sh. Preet Bhupinder Singh before the Court. They also got recorded their statements before the Court. On the basis of the statements so made by the parties, the Judicial Magistrate, 1st Class, Fazilka, has submitted his report to the effect that the parties have voluntarily decided to amicably end their disputes including the present litigation covered in the FIR. The parties have admitted the compromise deed, copy of which was also taken on record by the Court. The Court, accordingly, has expressed its satisfaction about the genuineness of the compromise arrived at between the parties on the intervention of the respectables of the society. The copies of the statements have also been annexed with the report, which have been perused by me. The parties are also present before the Court. I have spoken to both the respondents namely Harchand Singh and Sukhmander Singh. They have stood by the compromise and have confirmed that they would not have any objection in case the present FIR against the petitioners Crl. Misc. No. M- 8931 of 2011 -3- is quashed. As per respondent Nos.2 & 3, they are no more interested in prosecuting the present FIR. The Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007 (3) RCR (Criminal) 1052, has held that power under Section 482 Cr.P.C cannot have any fetters and it cannot be eclipsed by any contingencies and the same cannot be made diminutive in sense and substance and cannot 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. A case, therefore, is made out to quash the FIR No.19 dated 2.3.2011 registered under Sections 452/326/325/34 IPC. In view of above, the present petition is allowed. FIR No.19 dated 2.3.2011 registered under Sections 452/326/325/34 IPC and all subsequent proceedings arise therefrom are hereby quashed. November 4, 2011 ( RANJIT SINGH ) monika JUDGE