Research › Search › Judgment

Punjab High Court · body

2010 DIGILAW 50 (PNJ)

Mulakh Raj v. State Of Punjab

2010-01-06

NIRMALJIT KAUR

body2010
Judgment NIRMALJIT KAUR, J. 1. This is a petition under Sec.482 Cr. P. C. for quashing of the fir No.56 dated 13.05.2008 under Sections 324/323/308/148/149 IPC at police Station Bhogpur, District Jalandhar and consequent proceedings taken therein on the basis of compromise entered into between the parties. 2. It has been contended that the parties have settled their dispute amicably with the intervention of panchayat, respectable and relations. The compromise dated 11.08.2008 has been placed on record as P-1. 3. It would be relevant to note the facts of the case. As per the allegations in the FIR, there was a quarrel under the influence of liquor. The complainant, in the FIR, stated that when he reached in front of his house, Satnam Singh was taking liquor after keeping the bottle on the bullock cart of Ram Lal being parked. He stopped him from drinking liquor while sitting in the street. On this, Mulakh Raj, Ram Lal, Mani, Mohinder pal and others started abusing the complainant and also gave blows with their respective weapons. However, it is not denied that the injuries suffered by them are simple in nature and on non-vital part of the body. The parties belong to the same village and are also stated to be relatives of each other. It is also stated that Sections 308 and 323 IPC were added subsequently. 4. The Full Bench of this Court, in the case of Kulwinder Singh and others vs. State of Punjab and another 2007 (3) RCR (Criminal)1052 has held that 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 Sec.482 of the 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 not only in matrimonial discord but others as well, such compromise deserves to be accepted. It is further held as under :- " 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 Sec.482. Disputes which have their genesis not only in matrimonial discord but others as well, such compromise deserves to be accepted. It is further held as under :- " 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 Sec.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. " 5. In the case of Madan Mohan Abbot vs. State of Punjab 2008 (4) S. C. Cases 582, the Apex Court emphasised and advised as under :- " We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law. " 6. The parties are related to each other. The compromise has been arrived at without any pressure. The compromise will reduce the friction. The matter having been settled, chance of prosecution is almost nil. The case is stated to be at the initial stage and continuation of the proceedings will, therefore, not yield any result. The parties have given their affidavits in support of the compromise. Separate statements have also been recorded. The compromise dated 11.08.2008 has been placed on record as P-1. The said compromise has been entered into with the intervention of panchayat, respectable and relations. Thus, keeping in mind that the parties belong to the same village and taking into account the compromise, it is a fit case where interference of this Court in exercise of its inherent powers under Sec.482 Cr. P. C is made out for enhancing peace, harmony, the social amity and reducing friction in the neighbourhood. 7. Thus, keeping in mind that the parties belong to the same village and taking into account the compromise, it is a fit case where interference of this Court in exercise of its inherent powers under Sec.482 Cr. P. C is made out for enhancing peace, harmony, the social amity and reducing friction in the neighbourhood. 7. Accordingly, the present petition is allowed and FIR No.56 dated 13.05.2008 under Sections 324/323/308/148/149 IPC at Police station Bhogpur, District Jalandhar and consequent proceedings taken therein, are hereby, quashed in the interest of justice.