Crl.Misc.No. M-35090 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.Misc.No. M-35090 of 2009 Date of Decision: 23.04.2010. Roshan Lal and another -----Petitioners. VERSUS State of Punjab and another. ---Respondents. CORAM : HON'BLE Ms. JUSTCE NIRMALJIT KAUR. Present:- Mr. R.K.Samyal, Advocate, for the petitioners Mr. K.S.Pannu, DAG, Punjab, for respondent No.1. Mr. Jasandeep Singh Sandhu, Advocate, for respondent No.2. 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. (ORAL) Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure for Crl.Misc.No. M-35090 of 2009 2 quashing of FIR No. 47 dated 11.2.2005 registered under Sections 323, 341, 447, 380, 427 and 506 I.P.C., at Police Station Mohali and all the consequential proceedings arising thereto on the basis of compromise between the parties. On 21.12.2008, a Mega Lok Adalat was organized to settle the matter. The case of the petitioners was one of such cases and the same was referred to the Presiding Officer of Mega Lok Adalat, where complainant-respondent No.2, suffered a statement that he does not want to proceed against the petitioners as well as other accused persons and he further stated that he had no objection if the present FIR/charge sheet and subsequent proceedings arising therefrom are quashed. The petitioners along with the other co-accused also suffered a statement the same day that be permitted to compound the offence in view of the statement suffered the respondent No.1 in the Mega Lok Adalat. 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 Crl.Misc.No. M-35090 of 2009 3 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 ection 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 accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no Crl.Misc.No. M-35090 of 2009 4 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.” Taking into account, that the compromise which has been effected between the parties and the affidavit duly sworn by respondent No.2 as well as the statement before this Court authenticating the compromise, it is a fit case where there is no impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C. for quashing of FIR with a view to promote, peace and harmony between the parties. Accordingly, the present petition is allowed and FIR No. 47 dated 11.2.2005 registered under Sections 323, 341, 447, 380, 427 and 506 registered at Police Station Mohali and all subsequent proceedings arising therefrom are hereby quashed in the interest of justice. April 23, 2010 ( NIRMALJIT KAUR) Anoop JUDGE