DARSHAN SINGH AND ANOTHER Vs. STATE OF HARYANA AND OTHERS
LAWS(P&H)-2012-8-473
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 23,2012

Darshan Singh And Another Appellant
VERSUS
State Of Haryana And Others Respondents

JUDGEMENT

- (1.) Darshan Singh and Satnarayan, the petitioners have filed this petition under the provisions of section 482 Cr. P.C. for quashing of FIR No.167 dated 29.4.2012 (Annexure P1) registered at Police Station Assandh, District Karnal, for an offence punishable under sections 323, 324, 356, 506 read with section 34 of Indian Penal Code alongwith all the subsequent proceedings arising out of the same, on the basis of compromise arrived at between the parties.
(2.) Besides State counsel, respondents no. 2 and 3 represented by their counsel, Mr. Ajay Kumar, Advocate are appearing before the court. Learned counsel for the petitioners has drawn my attention to the compromise, Annexures P2 and P3 and has asserted that the parties have compromised the matter. Respondents no. 2 and 3 have also filed their reply to the petition by way of affidavit affirming the fact that the matter has been compromised without any pressure or coercion.
(3.) Compromise brings peace and harmony between the parties to a dispute and restores tranquility in the society. After decision of this court in R holding that a case regarding a non-compoundable matrimonial offence could be quashed on the basis of compromise between the parties to achieve the aforesaid object, question arose regarding other non-compoundable offences. A Larger Bench of five Honble Judges of this court in R, has taken the following view in the said matter:- "29. The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C. 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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