Jagsanjh Nath alias Jagmal Singh and Others vs State of Punjab and Others

Nirmaljit Kaur, J.—The aforesaid petitions have been filed u/s 482 of the Code of Criminal Procedure seeking quashing of FIR 104 dated

22.04.2010 under Sections 326, 323, 324, 427, 148, 149 of Indian Penal Code, P S Nakodar, District Jalandhar as well as counter version given

in the aforesaid FIR on the basis of the compromise dated 10.07.2010 arrived at between the parties. Copy of the same has been placed on

record as Annexure P-2.

On the statement of Chamkaur Singh-Respondent No. 2, the present FIR was registered against the Petitioners in CRM M 19888 of 2010. In

a fight took place between the parties, Chamkaur Singh alias Lala and Kulwinder Singh-Respondent No. 3 received injuries at the hands of

Petitioners. Later on, the matter was investigated into by the police. During investigation, on the statement made Dalip Singh-Respondent No. 2 (in

CRM M 19811 of 2010) a cross case was registered against Chamkaur Singh, Kulwinder Singh and others. Now, the matter has been

compromised between the parties.

Chamkaur Singh, Kulwinder Singh and Amarjit Singh are also present in Court today. Their respective affidavits have already been taken on

record separately. In their affidavits, they have admitted the factum that with the intervention of the respectable, the matter has been compromised

between the parties. Whereas, Dalip Singh, on whose statement a cross case was registered, is not present in Court, today, but his affidavit has

already been taken on record vide CRM 52351 of 2010 in CRM M 19811 of 2010. In his affidavit, he too admitted the factum of the matter

having been compromised.

The Full Bench of this Court in the case of Kulwinder Singh and Ors. v. State of Punjab and Anr. 2007(3) RCR 1052 has observed as under:

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 u/s 482 of the

Code of Criminal Procedure is used to enhance such a compromise which, in turn, enhances the social amity and reduced 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 exercising its power u/s 482 of the Cr.P.C in the event of a compromise, but this is not to say power

is limited to such cases. There can never be any such rigid rules to prescribe the exercise of such power.

The Apex Court in the case of Madan Mohan Abbot Vs. State of Punjab, emphasized in para No. 6 as follows:

We need to emphasize 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 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 utilized 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 proposition 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 u/s 482 of the Code of Criminal Procedure for quashing of FIR as well as the cross

case arising out of the same to promote peace and harmony.

Accordingly, both the petitions are allowed and FIR No. 104 dated 22.04.2010 under Sections 326, 323, 324, 427, 148, 149 of Indian Penal

Code, P S Nakodar, District Jalandhar as well as counter version registered on the statement of Dalip Singh (Respondent No. 2 in CRM M

19811 of 2010) in the aforesaid FIR as well as the subsequent proceedings arising out of the same are hereby quashed.

Allowed in the aforesaid terms.

A copy of the order be placed on the connected case.