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2009 DIGILAW 1174 (PNJ)

Balwinder Singh v. State of Punjab

2009-07-16

AUGUSTINE GEORGE MASIH

body2009
JUDGMENT Augustine George Masih, J. (Oral) - The prayer in the present petition is for quashing of an F.I.R. No. 74 dated 29.7.2007 under Sections 307, 326, 452, 324, 323, 34 Indian Penal Code registered at Police Station Dera Baba Nanak, Police District Batala, District Gurdaspur, which was registered on the statement of complainant respondent No. 2-Puran Singh son of Salakhan Singh. 2. Counsel for the petitioners submits that with the intervention of the Gram Panchayat and respectables of the village, the petitioners and the complainant along with other two injured, namely, Sawinder Singh son of Darshan Singh and Ranjit Singh son of Mohan Singh being neighbours have, amicably decided to settle the dispute between each other and accordingly have compromised the matter. Affidavits of complainant-respondent No. 2-Puran Singh dated 11.11.2008 (Annexure P-2), Sawinder Singh son of Darshan Singh dated 7.10.2008 (Annexure P-3) and Ranjit Singh son of Mohan Singh dated 18.6.2008 (Annexure P-4), have been placed on record. These affidavits clearly indicate that a compromise has been entered into and the parties have amicably resolved the dispute between them with the intention that the dispute could be settled once and for all and they could move forward in their lives without having any grudge against each other. 3. On the basis of these affidavits, notice was issued to the respondents and in response thereto, respondent No. 2-complainant, Puran Singh, and Ranjit Singh are present in Court and they have been identified by their counsel. Puran Singh states that he accepts the contents of his affidavit dated 11.11.2008 (Annexure P-2). Ranjit Singh also accepts the contents of his affidavit dated 18.6.2008 (Annexure P-4). They further state that the matter having been settled between the parties, they would have no objection if the F.I.R. which was registered at the instance of complainant respondent No. 2- Puran Singh, be quashed. Besides, there is also an affidavit of Sawinder Singh, injured, on the record which specifically states that he has no objection to the cancellation of the F.I.R. registered against the petitioners. 4. Besides, there is also an affidavit of Sawinder Singh, injured, on the record which specifically states that he has no objection to the cancellation of the F.I.R. registered against the petitioners. 4. Keeping in view the above facts and circumstances of the case, wherein the complainant and the injured have given their consent and have accepted the factum of compromise which has been entered into between the parties to settle the dispute amicably, it would be in the interest of justice that the FIR which was registered against the petitioners at the instance of complainant- respondent No. 2-Puran Singh, may be quashed. 5. A Larger Bench of this Court in the case of Kulwinder Singh & Ors. v. State of Punjab & Anr., 2007(3) RCR(Criminal) 1052, while discussing the scope of quashing of prosecution on the basis of compromise, in exercise of powers under Section 482 Criminal Procedure Code, even in non-compoundable offence(s), has held as under : "28. 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 of the Criminal Procedure Code 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 of the Criminal Procedure Code 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, especially in the absence of any premonitions to forecast and predict eventualities which the cause of justice may throw up during the course of a litigation. 29. The only inevitable conclusion from the above discussion is that there is no statutory bar under the Criminal Procedure Code which can affect the inherent power of this Court under Section 482. 29. The only inevitable conclusion from the above discussion is that there is no statutory bar under the Criminal Procedure Code 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 Criminal Procedure Code, in order to prevent the abuse of law and to secure the ends of justice." 6. Therefore, in view of the discussion above, since the parties have amicably settled the matter, which is otherwise in the interest of justice and appears to have been effected to promote peace and harmony amongst the parties, the instant petition is allowed. Consequently, impugned FIR No. 74 dated 29.7.2007 registered against the petitioners under Sections 307, 326, 452, 324, 323, 34 Indian Penal Code at Police Station Dera Baba Nanak, Police District Batala, District Gurdaspur, and all other consequent proceedings therein are quashed. Petition allowed.