Crl. Misc. No.M-11740 of 2011 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-11740 of 2011 Date of decision: May 18, 2011. Raj Kumar son of Jai Chand ... Petitioner(s) v. State of Punjab & Anr. ... Respondent(s) CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Ms. Sushma Verma, Advocate, for the petitioner(s). Shri J.S. Bhullar, Assistant Advocate General, Punjab for respondent No.1. Shri Gourav Goel, Advocate, for the respondent No.2. Kanwaljit Singh Ahluwalia , J. (Oral): Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.139 dated 14.7.2010, registered at Police Station Salem Tabri, District Ludhiana under Sections 307/506 IPC, on the basis of compromise Annexure P-2. The statement of the complainant, Sarabjit Kaur – respondent No.2, who has been identified by her Counsel Shri Gourav Goel, has been recorded. The same be read as a part of this order. Sarabjit Kaur was earlier married with petitioner Raj Kumar @ Raja son of Jai Chand. She has given birth to a daughter. After one and a half month of the birth of the daughter, she had left the matrimonial home and started staying with her parents. The Crl. Misc. No.M-11740 of 2011 -: 2 :- parties had divorced each other and thereafter Sarabjit Kaur had married Raj Kumar son of Sohan Lal. As per the version given by the complainant in the FIR, on 13.7.2010, the accused met the complainant in the market and had caused injuries with a datar. Complainant had suffered 11 injuries. The accused had also received 15 injuries in the occurrence. The accused is stated to be confined in jail since 3.8.2010. During the pendency of the case, a compromise, Annexure P-2, has been arrived at between the parties. As per the compromise, the complainant – respondent No.2 had agreed to facilitate quashing of the FIR. Today in Court also, Counsel for the respondent-complainant has filed an affidavit of the complainant. The complainant – respondent No.2 has stated that for the sake of her daughter, who is being brought up by the accused, the present FIR be quashed. From the loins of accused-petitioner Raj Kumar @ Raja son of Jai Chand and from the womb of complainant, a daughter namely, Kiran had born. She is stated to be 8 years old. It is stated by the parties that Kiran is being brought up by the present accused. For the welfare of the child, which is of paramount consideration, and to ensure harmony, amity and ever-lasting peace, the parties have agreed to resolve their dispute amicably. Being parents, accused and the complainant – respondent No.2, for the sake of the child intends to maintain cordial relations. Therefore, this Court is of the view that in these circumstances joint prayer, made by Counsel for the accused and complainant, can be accepted and the present FIR can be quashed. A Full Bench of this Court in Kulwinder Singh and others v. State of Punjab and another 2007(3) RCR (Criminal) 1052 has held under as Crl. Misc. No.M-11740 of 2011 -: 3 :- 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 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. 30. The power under Section 482 of the Cr.P.C. is to be exercised Ex-Debitia Justitia to prevent an abuse of process of Crl. Misc. No.M-11740 of 2011 -: 4 :- Court. There can neither be an exhaustive list nor the defined para-meters to enable a High Court to invoke or exercise its inherent powers. It will always depend upon the facts and circumstances of each case. The power under Section 482 of the Cr.P.C. has no limits. However, the High Court will exercise it sparingly and with utmost care and caution. The exercise of power has to be with circumspection and restraint. The Court is a vital and an extra-ordinary effective instrument to maintain and control social order. The Courts play role of paramount importance in achieving peace, harmony and ever- lasting congeniality in society. Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of a Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery.” In view of the above, the present petition is accepted and the impugned FIR and the subsequent proceedings arising therefrom are quashed. [Kanwaljit Singh Ahluwalia] May 18, 2011. Judge kadyan