IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. M. No.M-1528 of 2011 Date of Decision:21.4.2011 Gora Singh and others .... Petitioners Versus State of Punjab and another .... Respondents And Crl. M. No.M-1542 of 2011 Date of Decision:21.4.2011 Kaur Singh @ Kauri Singh .... Petitioner Versus State of Punjab and another .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. K.B.S. Mann, Advocate. Mr. K.S. Pannu, D.A.G. Punjab. Mr. Vivek Goel, Advocate. **** 1.Whether Reporters of Local Newspapers may be allowed to see the judgment? 2.To be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? NIRMALJIT KAUR, J. The instant petitions have been filed for quashing of FIR No.40 dated 26.4.2008 registered under Sections 307/364/342/341/323/427/148/149 IPC, Section 25/27/54/59 of Arms Act and Section 3 & 4 SC & ST Act at Police Station Raman District Bathinda as well as DDR No.21 dated 26.4.2008 i.e. cross version under Sections 307/452/323/34 IPC recorded in the aforesaid FIR and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties. The FIR in question mentioned in Crl. M No.1528-M of 2011 was got registered by respondent No.2-Kaur Singh @ Kauri Singh whereas cross case mentioned in Crl. M. No.1542-M of 2011 was got registered by respondent No.2-Gora Singh. Crl. M. No.M-1528 of 2011 -2- However, the matter has since been compromised. Compromise deed has also been placed on record in both the petitions as Annexure P-2 respectively. The parties are present in the Court through their respective counsel. Learned counsel for the parties have placed on record the affidavits of the complainants in their respective cases admitting the factum of compromise. As per their affidavits, they have no objection if the FIR in question as well as cross case are quashed. No doubt FIR as well as cross case were registered under Section 307 IPC but the challan was only filed under Sections 342,323,324,34 IPC in the FIR case and under Sections 452,323 IPC in the cross case. The Full Bench of this Court, in the case of Kulwinder Singh and others v. State of Punjab and another 2007(3) RCR (Criminal) 1052 has held that 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 not only in matrimonial discord but others as well, such compromise deserves to be accepted. It is further held as under:- “ 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.” In the case of Madan Mohan Abbot v. State of Punjab 2008 (4) S.C. Cases 582, the Apex Court emphasised and advised 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 Crl. M. No.M-1528 of 2011 -3- 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.” In view of the settled position of law and in the facts of the present case, it is a fit case where there is no impediment in the way of the Court to accept the compromise and exercise its inherent powers under Section 482 Cr.P.C. for quashing of FIR in the interest of justice to promote peace and harmony. The compromise is entered into without any pressure. Accordingly, the instant petitions are allowed and FIR No.40 dated 26.4.2008 registered under Sections 307/364/342/341/323/427/148/149 IPC, Section 25/27/54/59 of Arms Act and Section 3 & 4 SC & ST Act at Police Station Raman District Bathinda as well as DDR No.21 dated 26.4.2008 i.e. cross version under Sections 307/452/323/34 IPC recorded in the aforesaid FIR and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties are hereby quashed in the interest of justice. A photo copy of this order be placed on the connected case. 21.4.2011 ( NIRMALJIT KAUR ) rajeev JUDGE