Crl. Misc.No.M 18416 of 2010 # 1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANAT AT CHANDIGARH. Crl. Misc.No.M 18416 of 2010 Date of Decision:-25.08.2010 Sant Harnam Singh @ Baba Harnam Singh & Anr. ......Petitioners. Versus State of Punjab & Anr. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. Vijay Lath, Advocate for the Petitioners. Mr. Gaurav Garg Dhuriwala, AAG Punjab. Mr. Surinder Sharma, Advocate for Respondents No.2. *** JASWANT SINGH, J.(ORAL) Present petition under section 482 Cr.PC is for quashing of FIR No.102 dated 08.08.2009 under sections 452, 323, 325, 427, 506, 148 and 149 of Indian Penal Code, registered with Police Station Anandpur Sahib, Tehsil Anandpur Sahib, District Rupnagar, Punjab and all the subsequent proceedings arising therefrom on the basis of compromise 25.05.2010(Annexure P-3) arrived at between the parties. In the FIR complainant Surinder Singh had levelled Crl. Misc.No.M 18416 of 2010 # 2# allegations against the petitioners that they along with ten other persons entered his house and gave beatings to him with stick and iron rods and also gave kick blows to the complainant and also gave threat to kill him. Upon notice of motion respondent no.2-complainant caused appearance through his Advocate on the last date of hearing. Both the parties had stated that parties have compromised the matter and made request for quashing of FIR. In view of the same parties were directed to appear before the learned trial court with direction to the the trial court record the statements of the parties regarding the genuineness of the compromise and send a report in that regard. Letter dated 19.8.2010 of learned Sub Divisional Judicial Magistrate, Anandpur Sahib has been received which is duly accompanied by report regarding genuineness of compromise wherein it is stated that the parties appeared before that court and made statements recorded separately. Complainant in his statement has stated that he has compromised the matter with the accused persons and has no objection if the aforesaid FIR and all consequential proceedings are quashed against them. A Full Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052 has held that this Court, in appropriate cases, while exercising powers under Section 482 Cr.P.C., may quash an FIR disclosing the commission of non- compoundable offences. The relevant extracts read as under:- Crl. Misc.No.M 18416 of 2010 # 3# “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.” Similar views were expressed by Hon'ble the Apex Court in Madan Mohan Abot v. State of Punjab 2008(4) SCC 582, the relevant extract of which is as 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.” Keeping in view the above settled legal position and taking into account the fact that both the parties have desired to live in peace and harmony and carry on with their lives without any ill will or rancour by resolving their differences and entering into the aforesaid compromise, it is evident that it is a fit case where there is no legal impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C., for Crl. Misc.No.M 18416 of 2010 # 4# quashing of the FIR in the interest of justice. Accordingly, the present petition is allowed and FIR No.102 dated 8.8.2009 under sections 452, 323, 325, 427, 506, 148 and 149 of Indian Penal Code, registered with Police Station Anandpur Sahib, Tehsil Anandpur Sahib, District Rupnagar, Punjab and all subsequent proceedings arising therefrom, are quashed. ( JASWANT SINGH ) JUDGE 25th August, 2010 Vinay.