JUDGEMENT
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(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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