IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-16515 of 2009 (O&M) Date of Decision:- 20.10.2009 Tarun Kalra and others ....Petitioner(s) vs. State of Haryana and others ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mrs.Pratibha Yadav, Advocate, for the petitioners. Mr.Ashok Kumar Jindal, AAG, Haryana, for respondent No.1. Mr.Hitender Attri, Advocate, for respondents No.2 to 6. *** AUGUSTINE GEORGE MASIH, J. The present petition is for quashing of F.I.R.No.No.1 dated 1.1.2009 registered under Sections 147, 149, 323, 452, 506, 427 IPC at Police Station Palam Vihar, Gurgaon and all consequential proceedings arising therefrom on the basis of a compromise deed dated 23.2.2009 (Annexure P-3). Counsel for the petitioners submits that in the light of the compromise deed Annexure P-3, the parties have amicably resolved the dispute. On the basis of the compromise, she contends that the complainant and all the affected persons in the FIR do not want to pursue the case further and have no objection if the FIR in question and all consequential proceedings arising therefrom are quashed. She accordingly prays for quashing of the same. Crl.Misc.No.M-16515 of 2009 (O&M) -2- In response to the petition preferred by the petitioners, reply by way of affidavit of Sh.Deepak Attri son of Sh.Rajinder Attri has been filed in Court wherein the factum of compromise has been admitted. It has further been stated that respondents No.2 to 6 have no objection if the FIR and all consequential proceedings arising therefrom are quashed in the light of the compromise dated 23.2.2009 (Annexure P-3). Special Power of attorney in favour of Sh.Deepak Attri of Sh.Pankaj Attri-respondent No.2 who is the real brother of Sh.Deepak Attri-respondent No.3 has also been filed. Separate Special Power of Attorneys of Yash Gupta son of Shankar Lal Gupta as also another Special Power of Attorney of Sh.Amit Wasan son of Sh.Satish Wasan-respondent No.5 and Rajesh Kumar son of Sh.Karan Singh-respondent No.6 have been placed on record wherein respondent Nos.2,4,5 and 6 have authorized Sh.Deepak Attri to make a statement in Court that in the light of the compromise dated 23.2.2009 (Annexure P-3), they do not have any objection if the FIR and all consequential proceedings arising therefrom are quashed. Sh.Deepak Attri who is present in Court and has been identified by his counsel states that in the light of the compromise which has been entered into between the parties, the complainant and all other co- respondents do not have any objection if the FIR in question and all consequential proceedings arising therefrom are quashed. In the light of the above statement of Sh.Deepak Attri which is supported by an affidavit as also in the light of the fact that the dispute has been amicably resolved which has culminated into a compromise dated 23.2.2009 (Annexure P-3) and there being no further dispute between the Crl.Misc.No.M-16515 of 2009 (O&M) -3- parties, it would be in the interest of justice that the FIR and all consequential proceedings arising therefrom are quashed. Thus, the ends of justice would be served by putting an end to the dispute which in the light of the compromise is no more in existence. A Larger Bench of this Court in the case of Kulwinder Singh & Ors. Vs. State of Punjab & Anr. 2007(3) RCR (Criminal) 1052, while discussing the scope of quashing of prosecution on the basis of compromise, in exercise of powers under Section 482 Cr.P.C., even in non-compoundable offence(s), 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 Crl.Misc.No.M-16515 of 2009 (O&M) -4- 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.” 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.No.1 dated 1.1.2009 registered under Sections 147, 149, 323, 452, 506, 427 IPC at Police Station Palam Vihar, Gurgaon and all other consequential proceedings arising therefrom are quashed. October 20, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE