IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-19110 of 2009 (O/M). Date of Decision : September 11, 2009. Nishan Singh son of Santokh Singh, and others. ...... Petitioners. Versus. The State of Punjab, and another. ..... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. Sandeep Jasuja, Advocate, for the petitioners. Mr. Aman Deep Singh Rai, A.A.G., Punjab, for respondent No. 1-State. Mr. Kapil Khanna, Advocate, for respondent No. 2-complainant. AUGUSTINE GEORGE MASIH, J. (ORAL). The present petition is for quashing of F.I.R. No. 350, dated 14.10.2008 under Sections 382/456/427/506/148/149 I.P.C. registered at Police Station City Abohar (Annexure-P-1), and all consequential proceedings arising therefrom, on the basis of a written compromise dated 29.04.2009 (Annexure-P-2), which has been entered into between petitioners and respondent No. 2-complainant. Counsel for the petitioners contends that the F.I.R. in question was lodged by respondent No. 2-complainant and thereafter with the intervention of the members of the Union, the matter has been amicably resolved between petitioners and respondent No. 2-complainant. Compromise dated 29.04.2009 has been placed on record as Annexure-P-2 and an affidavit of respondent No. 2-complainant in acknowledgment of the Criminal Misc. No. M-19110 of 2009. fact of compromise dated 29.04.2009, wherein it has been stated that the complainant has no objection to the quashing of F.I.R. in question and all consequential proceedings arising therefrom, he states that the F.I.R. may be quashed. Counsel for respondent No. 2-complainant has placed on record the reply by way of affidavit of Harjinder Singh son of Surjit Singh/respondent No. 2-complainant, wherein the factum of compromise and his earlier affidavit dated 29.04.2009 (Annexure-P-2 and Annexure-P- 3), are admitted by him. It has further been stated that respondent No. 2- complainant has no objection, if the F.I.R. in question registered against the petitioners and all consequential proceedings arising therefrom are quashed, in the light of compromise entered into between the parties. Shri Harjinder Singh, son of Surjit Singh-respondent No. 2- complainant is present in the Court (as has been identified by his counsel as also by Head Constable Baljinder Singh, Police Station City Abohar. He states that in the light of compromise as also the fact that the matter has been amicably resolved, he does not have any objection to the quashing of F.I.R. in question and all consequential proceedings arising therefrom. He further states that as of now there is no dispute pending between the parties. In the light of statement made by respondent No. 2-complainant as also compromise, which has been placed on record as Annexure-P-2, counsel for respondent No. 1-State states that the State has no objection to the quashing of F.I.R. in question and all consequential proceedings arising therefrom. In the light of amicable resolution of the dispute between the parties and in acknowledgment thereof, the compromise dated 29.04.2009 (Annexure-P-2) has been place don record, which factum having been -2- Criminal Misc. No. M-19110 of 2009. admitted by respondent No. 2-complainant in the Court as also vide his affidavit, which has been placed on record as Annexure-P-3 and the reply, which has been filed in the Court today, it would be in the interest of justice that the F.I.R. in question and all consequential proceedings arising therefrom are quashed and the present petition deserves to be allowed. Reliance can be made upon the Larger Bench Judgment of this Court in the case Kulwinder Singh and others Versus State of Punjab and another 2007(3) R.C.R. (Criminal) 1052, while discussing the scope of quashing of prosecution on the basis of compromise, by this Court in exercise of powers under Section 482 Cr.P.C., even in non-compoundable offences, 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 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 -3- Criminal Misc. No. M-19110 of 2009. 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. 350, dated 14.10.2008 under Sections 382/456/427/506/148/149 I.P.C. registered at Police Station City Abohar (Annexure-P-1), and all other consequential proceedings arising there from are quashed. (AUGUSTINE GEORGE MASIH) JUDGE September 11, 2009. sjks. -4-