BALBIR RAM ALIAS BIRI Vs. STATE OF PUNJAB
LAWS(P&H)-2011-4-31
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 05,2011

Balbir Ram Alias Biri Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

NIRMALJIT KAUR, J. - (1.) THIS is a petition under Section 482 Cr.P.C. for quashing of FIR No. 40 dated 04.03.2010 under Section 323, 342, 148, 149, 120-B IPC (Section 308 IPC added later on), P S Garhshankar, District Hoshiarpur (Annexure P-1) which was got registered by respondent No. 2 - complainant against the present petitioners on the basis of the compromise dated 09.08.2010 arrived at between the parties. Copy of the same has been placed on record as Annexure P-2.
(2.) COMPLAINANT - Devinder Singh is present in Court along with his counsel and has filed his affidavit in Court today, stating therein, that aforesaid FIR was got registered by him. Now with the intervention of the respectables, the matter has been compromised and he has no objection if the said FIR is quashed. In the present case, on 25.02.2010, minor dispute took place between the parties on account of allegedly eve teasing the daughter of petitioner No. 2 which led to filing of the present FIR. Now, the matter has been amicably resolved and the complainant has no objection if the said FIR is quashed.
(3.) THE Full Bench of this Court in the case of Kulwinder Singh and others v. State of Punjab and another, 2007 (3) RCR (Criminal) 1052 has observed 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 under Section 482 of the Cr.P.C. is used to enhance such a compromise which, in turn, enhances the social amity and reduced 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 exercising its power under Section 482 of the Cr.P.C in the event of a compromise, but this is not to say power is limited to such cases. There can never be any such rigid rules to prescribe the exercise of such power." ;


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