PARGAT SINGH AND OTHERS Vs. STATE OF PUNJAB AND ANOTHER
LAWS(P&H)-2012-10-522
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 09,2012

PARGAT SINGH AND OTHERS Appellant
VERSUS
State of Punjab and Another Respondents

JUDGEMENT

- (1.) Pargat Singh, Gurcharan Singh, Harjinder Singh and Resham Singh, the petitioners have brought this petition under the provisions of section 482 Cr. P.C., for quashing of FIR No.132 dated 31.12.2011, registered at Police Station Talwandi Sabo, District Bathinda (Annexure P1) for an offence punishable under sections 148, 452, 323 read with section 149 of Indian Penal Code along with all the subsequent proceedings arising out of the same, on the basis of compromise arrived at between the parties. ..
(2.) Vide orders dated 30.8.2012, passed by this court, the parties were directed to appear before the Illaqa Magistrate in order to make statements with regard to the compromise arrived at between them. Learned Sub Divisional Judicial Magistrate, Talwandi Sabo recorded the statements of the parties and submitted her report vide letter dated 21.09.2012. According to her, the parties have compromised the matter. Compromise brings not only 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 was held in Dharambir Vs. State of Haryana, 2005 3 RCR(Cri) 426 by this court that a non compoundable matrimonial offence could be quashed on the basis of compromise between the parties to achieve the aforesaid object.
(3.) 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) 1052, has taken the following decision regarding 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 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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