STEFAN SINGH AND ORS. Vs. STATE OF PUNJAB AND ANR.
LAWS(P&H)-2011-1-279
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 04,2011

Stefan Singh And Ors. Appellant
VERSUS
State of Punjab and Anr. Respondents

JUDGEMENT

Nirmaljit Kaur, J. - (1.) THE present petition has been filed under Section 482 Code of Criminal Procedure for quashing of FIR No. 245 dated 8.9.2009 under Sections 323, 324, 326, 427, 148, 149 IPC Police Station Banga, District Shaheed Bhagat Singh Nagar and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties.
(2.) THE FIR in question was got registered by Respondent No. 2. However, due to the intervention of the respectable of the area, the matter has been compromised. Compromise deed (Annexure P -2) has been placed on record. The parties are present in the Court alongwith their respective counsel. Learned Counsel for Respondents No. 2 has placed on record the affidavit of Respondents No. 2 authenticating the compromise. He has also placed on record the affidavit of Respondent No. 2 stating that he has no objection if the FIR in question is quashed qua Surjit Singh @ Jitta, who is CRM M -14182 of 2010 -2 -not the Petitioner before this Court. As per the said affidavits, Respondent No. 2 has no objection if the FIR in question is quashed qua all the accused.
(3.) THE Full Bench of this Court, in the case of Kulwinder Singh and Ors. v. State of Punjab and Anr., 2007(3) RCR 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 Cr.P.C in order to prevent the abuse of law and to secure the ends of justice.;


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