Crl. Misc. No.M-26398 of 2010(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-26398 of 2010(O&M) Date of decision: November 8, 2011 Ajit Pal Singh .....Petitioner VERSUS State of Punjab & another ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH PRESENT: Mr. P.S. Punia, Advocate, for the petitioner. Mr. Gaurav Garg Dhuriwala, DAG, Punjab for the State. Mr. Amrik Singh, Advocate, for respondent No.2. **** RANJIT SINGH, J. This petition has been filed by the petitioner for quashing of FIR No.41, dated 22.2.2005, registered under Sections 279/427 IPC, at Police Station Sadar, Ludhiana, on the basis of compromise. Prayer is also for quashing of all the subsequent proceedings. Copy of compromise has been annexed with the petition as Annexure P-2. The above FIR was registered on the basis of statement made by Karan Singh-respondent No.2. As per the allegation, the complainant was coming back to his house after attending marriage with his father. When he stopped his car at Police Barrier Ayali Crl. Misc. No.M-26398 of 2010(O&M) -2- chowk for checking by the police officials, at that time, a bus bearing No.PB-10-AV-8497 came from Mullanpur, which being driven rashly and negligently and driver of the bus rammed into the rear side of the car. The car was badly damaged. The driver was allegedly drunk. Now the respectables of the area have intervened and have made the parties to settle the issue amicably. The parties have now reached a compromise. Mr. Amrik Singh, Advocate, appears for the complainant and confirms that the issue has been compromised. As per the counsel for the petitioner, the complainant in this case is an Advocate. Since it is a case of only damage to car and no serious allegation otherwise is made against the petitioner, the prayer for quashing the FIR on the basis of compromise can be considered. In Kulwinder Singh and others Vs. State of Punjab and another, 2007 (3) RCR (Criminal) 1052, it has been viewed by the Full Bench of this Court 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.41, dated 22.2.2005, registered under Sections 279/427 IPC. The present petition is, accordingly, allowed. FIR No.41, dated 22.2.2005, registered under Sections 279/427 IPC, and all Crl. Misc. No.M-26398 of 2010(O&M) -3- subsequent proceedings arising therefrom are hereby quashed. November 08, 2011 ( RANJIT SINGH ) monika JUDGE