A.N. Jindal, J. - (1.) BY way of this petition u/s 482 Cr.P.C. the petitioner has sought indulgence of this Court to quash the FIR No. 295 dated 16.07.02 P.S. Sadar Amritsar under Sections 452, 307, 511, 420 read with Section 27/54/59 of the Arms Act and the consequent, proceedings, on the basis of the compromise effected between the parties.
(2.) IT is no injury case. The complainant, Baldev Singh by way of an affidavit dated 14.01.08 has admitted factum of compromise Annexure -P2 already taken on record. In view of the compromise arrived at between the parties, the continuance of the proceedings against the petitioner would amount to misuse of the process as there would be no fruitful out come thereof. The powers under Section 482 Cr.P.C. are exhaustive in nature and play a vital, extra ordinary, effective role in order to maintain and control social order. In this regard, I am strengthened from the Apex Court judgment delivered in case B.S. Joshi and others v. State of Haryana and another, : AIR 2003 SC 1386 wherein it was observed as under: - "It is thus, clear that Madhu Limay's case does not lay down any general proposition limiting power of quashing the criminal proceedings or FIR or complaint as vested in Section 482 of the Code or extraordinary power under Article 226 of the Constitution of India. We are, therefore, of the view that if for the purpose of securing the ends of justice, quashing of FIR becomes necessary, Section 320 would not be a bar to the exercise of power of quashing. It is, however, a different matter depending upon the facts and circumstances of each case whether to exercise or not such a power."
(3.) WHILE approving the aforesaid view, the full Bench of our High Court in case Kulwinder Singh and others v. State of Punjab and another,, RCR (Cri) 2007 (3) (P&H) (LB) 1052 observed as under: "The power under Section 482 of the Cr.P.C. is to be exercised ex debito justitiae to prevent an abuse of process of Court. There can neither be an exhaustive list nor the defined para -meters to enable a High Court to invoke or exercise its inherent powers. It will always depend upon the facts and circumstances of each case. The power under Section 482 of the Cr.P.C. has no limits. However, the High Court will exercise it sparingly and with utmost care and caution. The exercise of power has to be with circumspection and restraint. The Court is a vital and an extra -ordinary effective instrument to maintain and control social order. The Courts play role of paramount importance in achieving peace, harmony and ever -lasting congeniality in society Resolution of a dispute by way of a compromise between two warring grounds, therefore, should attract the immediate and prompt attention of a Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery.";