Punjab-Haryana High Court
Kulwinder Singh And Others vs State Of Haryana And Another on 14 September, 2010
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM M-24173 of 2010
Date of Decision:14.9.2010
Kulwinder Singh and others
.... Petitioners
Versus
State of Haryana and another
.... Respondents
CORAM: Hon'ble Ms. Justice Nirmaljit Kaur
Present: Ms. Simran Chahal, Advocate for
Mr. G.S. Chahal, Advocate for the petitioners.
Ms. Preeti Chaudhary, A.A.G. Haryana.
Mr. R.S. Modi, 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)
The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.204 dated 15.6.2010 under Sections 323/325/452/506/34 IPC Police Station City Ratia District Fatehabad and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties.
The FIR in question was got registered by respondent No.2 against the petitioners on the allegations of beatings. However, the matter has been compromised. Compromise deed (Annexure P-2) has been placed on record. An Affidavit of respondent No.2 authenticating the compromise has also been placed on record. As per the compromise deed/affidavit, he has no objection if the FIR in question is quashed. It is further stated that the said compromise was entered into without any pressure and out of his own sweet will.
The Full Bench of this Court, in the case of Kulwinder Singh CRM M-24173 of 2010 -2- 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 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 Section 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 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."CRM M-24173 of 2010 -3-
Taking into account that the compromise has been effected between the parties, compromised deed (Annexure P-2) and the affidavit of respondent No.2 stating that he has no objection if the FIR is quashed, 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 in the interest of justice.
Accordingly, the present petition is allowed and FIR No.204 dated 15.6.2010 under Sections 323/325/452/506/34 IPC Police Station City Ratia District Fatehabad and all subsequent proceedings arising therefrom are hereby quashed.
14.9.2010 ( NIRMALJIT KAUR ) rajeev JUDGE