- (1.) The petitioners in both the above mentioned petitions, brought under the provisions of section 482 Cr. P.C., have prayed for quashing of FIR No. 100 dated 22.3.2011, registered at Police Station Gharaunda, District Karnal for an offence punishable under sections 148, 323, 324, 325 and 506 read with section 149 of Indian Penal Code and sections 25 and 27 of the Arms Act and the cross version of the same for the offence punishable under sections 148, 323, 324, 326 and 506 read with section 149 IPC alongwith all the subsequent proceedings arising out of the same, on the basis of compromise arrived at between the parties.
(2.) While issuing notice of motion, the parties were directed to appear before learned Illaqa Magistrate on 2.11.2012 for getting their statements recorded in support of the compromise. Learned Judicial Magistrate Ist Class, Karnal has sent her report in this regard through learned District & Sessions Judge, Karnal. She has reported that she had recorded the statements of the parties, who have supported the factum of compromise. She has concluded her report by submitting that the parties have already settled their grievances amicably and that the compromise arrived at between them through the intervention of the respectable persons and relatives, is without any pressure or coercion from anyone.
(3.) The contested decisions made by the courts leave scars on the persons of either party to the case. A decision based on the compromise does not leave any such scar. Compromise not only brings peace and harmony between the parties to a dispute but also restores tranquility in the society. Taking restoration of peace and harmonious relations between the parties and order in the society as the prime concerns of law, it has been held by this court in Dharambir Vs. State of Haryana, 2005 3 RCR(Cri) 426that a non compoundable matrimonial offence could be quashed on the basis of compromise between the parties. However, the said decision left a gap as it did not cover the cases other than the cases for matrimonial offences. A Larger Bench of five Hon'ble Judges of this court in Kulwinder Singh and others Vs. State of Punjab and another, 2007 3 RCR(Cri) 1052took the following decision with regard to the other non-compoundable offences:- "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 Section482. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in noncompoundable 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.";