RAJ SINGH AND OTHERS Vs. STATE OF HARYANA AND ANOTHER
LAWS(P&H)-2012-8-411
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 24,2012

Raj Singh and Others Appellant
VERSUS
State Of Haryana And Another Respondents

JUDGEMENT

- (1.) Raj Singh and six other petitioners have filed this petition under the provisions of section 482 Cr. P.C. for quashing of FIR No. 284 dated 23.12.2006 registered at Police Station Sampla, District Rohtak, for an offence punishable under sections 419, 420, 467, 468, 471 read with section 120-B 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, respondent no. 2 represented by her counsel, Mr. Anil Malik is appearing before the court. Learned counsel for the petitioners has drawn my attention to the compromise, Annexure P2 and has asserted that the parties have compromised the matter. Vide orders dated 10.8.2011, passed by this court, the parties were directed to appear before learned trial court on 20.9.2011 in order to make statements with regard to the compromise arrived at between them. The Judicial Magistrate Ist Class, Rohtak recorded statements of the parties and submitted her report vide letter dated 29.9.2011. According to her, the parties have compromised the matter.
(3.) Compromise brings peace and harmony between the parties to a dispute and restores tranquility in the society. After decision of this court in Dharambir Vs. State of Haryana, 2005 3 RCR(Cri) 426 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 Kulwinder Singh and others Vs. State of Punjab and another, 2007 3 RCR(Cri) 1052, 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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