PYAR CHAND Vs. STATE OF HARYANA AND ANR.
LAWS(P&H)-2011-5-328
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 26,2011

PYAR CHAND Appellant
VERSUS
State of Haryana and Anr. Respondents

JUDGEMENT

Nirmaljit Kaur, J. - (1.) BY this common order, Crl. M. No. 10687 -M of 2011 and Crl. M. No. 10691 -M of 2011 shall be decided together wherein prayer is for quashing of FIR No. 449 dated 2.7.2003 under Sections 148/149/452 IPC Police Station Sector 5, Panchkula, District Panchkula and FIR No. 18 dated 13.1.2009 under Sections 420/450/467/468/471/120 -B IPC registered at Police Station Sector -5, Panchkula, District Panchkula and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties.
(2.) THE FIRs in question were got registered by the parties herein against each other. However, the matter has been compromised due to the intervention of the respectables of the area. Compromise deed dated 24.2.2011 has already been placed on record to this effect in both the petitions. The parties are present in the Court alongwith their respective counsel and admit the factum of compromise. Learned counsel for the parties submit that as per the compromise deed dated 24.2.2011, the parties have decided to get the aforementioned FIRs quashed.
(3.) THE Full Bench of this Court, in the case of Kulwinder Singh and Ors. v. State of Punjab and Anr., 2007 (3) RCR (Cri) 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 Code of Criminal Procedure 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 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 Code of Criminal Procedure in order to prevent the abuse of law and to secure the ends of justice.;


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