Daya Chaudhary, J. - (1.) THE present petition under Section 482 Cr.P.C. has been filed on behalf of petitioner, namely, Lalli Athwal for quashing of FIR No. 39 dated 11.3.2013 registered under Sections 354/341/506/148/149 IPC at Police Station City Samana, District Patiala and all consequential proceedings arising therefrom on the basis of compromise.
(2.) VIDE order dated 17.1.2014, parties were directed to appear before the Sub Divisional Judicial Magistrate, Samana for getting their respective statements recorded with regard to compromise. The learned Magistrate was also directed to submit a report along with statements of the parties. In response to the directions issued by this Court, a report has been received from Sub Divisional Judicial Magistrate, Samana, which is on record. It has been mentioned in the report that the statements have been recorded and Court is satisfied with the compromise arrived at between the parties. In the statements of the petitioner as well as respondents No. 2 to 4 it has been mentioned that the compromise has been effected with intervention of the respectables. Respondents No. 2 to 4 have specifically stated in their respective statements that they do not want to proceed against petitioner -Lalli Athwal.
(3.) IN Kulwinder Singh and others vs. State of Punjab and others, reported as : 2007 (3) RCR (Criminal) 1052, the Larger Bench of our own High Court has held that the High Court has the wide power to quash the proceedings eve in non -compoundable offences, notwithstanding the bar under Section 320 of the Criminal Procedure Code in order to prevent abuse of the process any Court or to secure the ends of justice. In Kulwinder Singh's case, the Larger Bench has also observed: - The compromise, in a modern society, is the sine qua non of harmony and orderly behaviour. It is the soul of justice and if the power under Section 482 Cr.P.C. is used to enhance such a compromise which, in turn, enhances the social amity and reduces friction, then it truly is "finest hour of justice." Disputes which have their genesis in a matrimonial discord, landlord -tenant matters, commercial transactions and other such matters can safely be dealt with by the Court by exercising its powers under Section 482 Cr.P.C. in the event of a compromise, but this is not to say that the power is limited to such cases. There can never be any such rigid rule to prescribe the exercise of such power.;