IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-13165 of 2009 Date of Decision:- 17.07.2009 Lakhwinder Singh @ Lakhvir Singh ....Petitioner(s) vs. State of Punjab and another ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Raghuvinder Singh, Advocate, for the petitioner. Mr.Amandeep Singh Rai, AAG, Punjab. *** AUGUSTINE GEORGE MASIH, J. (Oral) The present petition is for quashing of an F.I.R. which was registered at the behest of respondent No.2-Smt.Raj Kaur-complainant. It has been stated by the counsel for the petitioner that a compromise has been entered into between the parties with the intervention of the relatives and respectables of the village and they have settled their dispute amicably and there are no further differences between them. Upon notice having been issued, Smt.Raj Kaur wife of Satnam Singh-respondent No.2 has come present in Court, who is identified by Head Constable Harbans Singh, Police Station Dasuya and has filed an affidavit dated 17.7.2009 in Court admitting the factum of compromise which has been entered into between her and the petitioner, copy whereof has been placed on record as Annexure P-8. She has also, on the asking of the Court, stated that she is satisfied with the compromise and does not want Crl.Misc.No.M-13165 of 2009 -2- to pursue the matter any further as with the intervention of the respectables, the dispute has been amicably settled. She further states that she has no objection in case the F.I.R. registered against the petitioner on her statement is quashed. In view of the above, it would be in the interest of justice and betterment of the parties when they have amicably resolved the dispute between them that F.I.R.No.84 dated 2.8.2000 under Sections 452, 323, 506, 148 and 149 registered at Police Station, Dasuya, District Hoshiarpur along with all consequential proceedings be quashed. A Larger Bench of this Court in the case of Kulwinder Singh & Ors. Vs. State of Punjab & Anr. 2007(3) RCR (Criminal) 1052, while discussing the scope of quashing of prosecution on the basis of compromise, in exercise of powers under Section 482 Cr.P.C., even in non-compoundable offence(s), 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 Crl.Misc.No.M-13165 of 2009 -3- 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.” 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.84 dated 2.8.2000 under Sections 452, 323, 506, 148 and 149 IPC registered at Police Station, Dasuya, District Hoshiarpur along with all consequential proceedings are quashed. Copy of the order be given dasti under the signatures of the Court Reader. July 17, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE