Nahar Singh vs The State of Punjab and Another

Augustine George Masih, J.—The present petition has been filed u/s 482 Cr.P.C. for quashing of FIR No. 107 dated 12.12.2009 registered under Sections 447/506/34 IPC at Police Station Badhni Kalan, District Moga on the basis of a compromise entered into between the petitioners and the complainant Sukhmander Singh son of Gurbhagat Singh-respondent No. 2 dated 06.05.2010 (Annexure P-2).

Counsel for the petitioners contends that the petitioners and the complainant are closely related to each other. The FIR was got registered by Sukhmander Singh-respondent No. 2 under the wrong impression that the petitioners have taken the illegal possession of the land. During the pendency of the FIR, true facts have come to light and the misunderstanding has been cleared up. On the basis of this fact, a Panchayati compromise dated 06.05.2010 (Annexure P-2) has been entered into between the parties, which has been witnessed by the Sarpanch of the village and other respectable members of the village. On the basis of the said compromise, the counsel for the petitioners prays for quashing of the FIR.

Notice of motion was issued in this case. Reply by way of an affidavit of Sukhmander Singh son of Gurbhagat Singh-respondent No. 2 has been filed in Court, according to which, relationship between the petitioners and respondent No. 2 has been admitted. In para No. 2, he has specifically stated that due to some misunderstanding, the above-mentioned FIR was got registered by him against the petitioners and now a compromise has been entered into and at present, the land is in his possession and he is cultivating the same. He does not want to pursue the allegations which he had levelled against the petitioners in the FIR.

Sh. Sukhmander Singh son of Gurbhagat Singh-respondent No. 2 is present in Court and has been identified by counsel for respondent No. 2. He has also been identified by HC Harjinder Singh, Police Station Samalsar, District Moga. He states that the misunderstanding between the petitioners and him has been cleared now and now he is in the possession of the land and cultivating the same. He does not want to pursue the allegations against the petitioners and has no objection if the FIR in question is quashed.

A Larger Bench of this Court in the case of Kulwinder Singh and Ors. v. State of Punjab and Anr. 2007 (3) RCR (Criminal) 1052, while discussing the scope of quashing of prosecution on the basis of compromise, in exercise of powers u/s 482 Cr.P.C., even in non-compoundable offence(s), has held 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 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 u/s 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.

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 u/s 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 u/s 320 of the Cr.P.C. in order to prevent the abuse of law and to secure the ends of justice.

In view of the statement made by the complainant and the affidavit filed in Court, no useful purpose would be served by pursuing the FIR as the compromise has been entered into between the parties.

Accordingly, the present petition is allowed. FIR No. 107 dated 12.12.2009 registered under Sections 447/506/34 IPC at Police Station Badhni Kalan, District Moga along with all consequential proceedings are hereby quashed.