Parminder Singh and Others vs State of Punjab and Others

Nirmaljit Kaur, J.—The instant petitions have been filed for quashing of FIR No. 46 dated 08.04.2010 under Sections 323, 324, 148 and 149 IPC registered at Police Station Mahilpur, District Hoshiarpur, as well as, cross version i.e. DDR No. 35(A) dated 09.04.2010 given in the aforesaid FIR and subsequent proceedings arising therefrom qua the petitioners on the basis of compromise entered into between the parties.

The FIR, in question, mentioned in Crl. Misc. No. M-16498 of 2010 was got registered by respondent No. 2-Jaswant Rai son of Gurdev Singh, whereas, Cross case mentioned in Crl. Misc. No. M-24849 of 2010 was got registered by respondent No. 6-Sukhwinder Kumar @ lovely son of Raj Kumar. However, the matter has since been compromised due to the intervention of some common friends and elder persons of the village. Compromise deed has already been placed on record in this regard in both the petitions.

The parties are present in the Court through their respective counsel. Learned Counsel for the parties have placed on record the affidavits of the complainant, as well as, the injured persons, admitting the factum of compromise. As per the said affidavits, complainants, as well as, injured persons, in both the cases, have no objection, if the FIR, as well as, cross case, in question, are quashed.

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 held that 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 code 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 Code of criminal procedure 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 Code of criminal procedure code in order to prevent the abuse of law and to secure the ends of justice.

In the case of Madan Mohan Abbot Vs. State of Punjab, 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 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 sof the law.

In view of the settled position 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 Code of criminal procedure for quashing of FIR in the interest of justice to promote peace and harmony. The compromise is entered into without any pressure. The parties are co-villagers.

Accordingly, the instant petitions are allowed and FIR No. 46 dated 08.04.2010 under Sections 323, 324, 148 and 149 Indian Penal Code registered at Police Station Mahilpur, District Hoshiarpur, as well as, cross version i.e. DDR No. 35(A) dated 09.04.2010 given in the aforesaid FIR and subsequent proceedings arising therefrom qua the petitioners on the basis of compromise entered into between the parties, are hereby, quashed in the interest of justice.

A photocopy of this order be placed on the file of another connected case.