Punjab-Haryana High Court
Sukhdev Singh And Others vs State Of Punjab And Others on 20 October, 2011
Author: Ranjit Singh
Bench: Ranjit Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Crl. Misc. No. M- 20918 of 2011 (O&M)
Date of decision: 20.10.2011
Sukhdev Singh and others ...Petitioners
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE RANJIT SINGH Present: Mr.N.K. Banka, Advocate for the petitioners.
Mr. A.S. Jattana, Addl.AG, Punjab for the State.
Mr. Parminder Sharma, Advocate for Ms. Shivali, Advocate for respondents No. 2 to 4.
RANJIT SINGH J.
Crl. Misc. No. 57517 of 2011 Affidavit taken on record.
Application disposed of.
Crl. Misc. No. M- 20918 of 2011 Prayer made in the present petition is for quashing of FIR No. 39 dated 19.06.2010 registered against the petitioners under Sections 326, 323, 324 and 34 IPC at Police Station Dhilwan, District Kapurthala and for quashing the further proceedings pending before the trial Court. It is stated in the petition that this fight is not intentional and even thereafter both the families had come together and living peacefully. The fight apparently had taken place on a minor issue for running Chabil and is not due to any serious enmity. The respectables of the area had also intervened and on that basis the parties have reached the compromise. Accordingly, the petitioners Crl. Misc. No. M- 20918 of 2011 (O&M) -2- have filed this petition to pray for quashing of the proceedings and the FIR.
Notice of motion was issued. Reply has been filed. Alongwith the reply, affidavit Annexures R-3 to R-5 have also been placed on record. Annexure R-3 is an affidavit of Bhupinder singh son of Mahinder Singh whereas Annexure R-4 is an affidavit of Maninder Singh. Annexure R-5 is an affidavit of Harjinder Singh. All the respondents have admitted the facts pleaded in the petition and have confirmed that the present dispute in the FIR has been amicably settled between the parties and they want to live in peace.
Parties are also present in person before the Court. Sh. Bhupinder Singh alongwith two sons namely Sh. Maninder Singh and Sh. Harjinder Singh have made a statement before me that they have reached a compromise with the petitioner and would not have any objection in case the present FIR against the petitioners is quashed. In view of the law laid down by Full Bench decision of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007 (3) RCR (Criminal) 1052, there is no impediment in quashing the FIR on the basis of compromise, it has been viewed by this Court that power under Section 482 Cr.P.C cannot have any fetters and it cannot be eclipsed by any contingencies and the same cannot be made diminutive in sense and substance and cannot be a hostage to one class or category of cases. As held in this case, compromise in a modern society is the sine-qua-non of harmony and orderly behaviour. It is a soul of justice and if the power under Section 482 Cr.P.C. is used to enhance such a compromise, which, Crl. Misc. No. M- 20918 of 2011 (O&M) -3- in turn, enhances the social amity and reduces friction. That would be the finest hour of justice. The compromise in such cases, where the families living in the same area, need to be encouraged.
The petition is, accordingly, allowed. FIR No. 39 dated 19.06.2010 registered under Sections 326, 323, 324 and 34 IPC and all subsequent proceedings are hereby quashed.
October 20, 2011 ( RANJIT SINGH ) rts JUDGE