Daya Chaudhary, J. - (1.) THIS petition has been filed under Section 482 Cr.P.C for quashing of criminal complaint No. 339 dated 14.5.2005/ 26.11.2008 registered under Sections 323, 325, 452, 506, 148 and 149 IPC and all subsequent proceedings arising therefrom on the basis of compromise annexed as Annexure P -3 with the petition.
(2.) NOTICE of motion was issued on 16.11.2010 and parties were directed to appear before the trial Court on 29.11.2010 and trial Court was directed to record a finding whether the parties have arrived at a volunteer compromise or not? In compliance of that order, the parties have appeared before trial Court and their statements have been recorded and a report in this regard has already been sent by District & Sessions Judge, Karnal wherein it has been stated that the matter has been compromised between the parties and the statements of the parties were recorded without any pressure or coercion and as per their own free will. It is a case of version and cross -version. Since the matter has been compromised between the parties, I am of the considered view that continuation of impugned criminal proceedings between the parties would be an exercise in futility. The complainant himself does not want to pursue these proceedings and it shall be merely a formality and sheer wastage of precious time of the Court as complainant would not support the case of prosecution in view of compromise between the parties. It would be in the interest of the parties as well as in the large interest of the society, peace and harmony and in order to save both the families from avoidable litigation that the compromise arrived at between them is accepted by this Court.
(3.) IT has been observed by Hon'ble the Apex Court in Shakuntala Sawhney v. Kaushalya Sawhney : (1980) 1 SCC 63 that "the finest Hour of Justice arrives propitiously when parties, despite falling apart, bury the hatchet and weave a sense of fellowship of reunion." The power to do complete justice is the very essence of every judicial justice dispensation system. It cannot be diluted by distorted perceptions and is not a slave to anything, except to the caution and circumspection, the standards of which the Court sets before it, in exercise of such plenary and unfettered power inherently vested in it while donning the cloak of compassion to achieve the ends of justice. Relying on the views adopted by the Hon'ble Supreme Court, the Five Judges Bench of this Court also observed in Kulwinder Singh v. State of Punjab, 2007 (3) R.C.R.1052 that compounding of offence which are not compoundable under Section 320(9) Cr.P.C., offence non -compoundable but parties entering into compromise, High Court has the power under Section 482 Code of Criminal Procedure to allow the compounding of non -compoundable offences and quash the prosecution where the High Court felt that the same was required to prevent the abuse of the process of Court or to otherwise secure the ends of justice.;