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2012 DIGILAW 467 (PNJ)

Paragu Singh v. State of Punjab

2012-03-19

RAKESH KUMAR GARG

body2012
JUDGMENT RAKESH KUMAR GARG, J. 1. This petition seeks quashing of FIR No.66 dated 18.10.2011, registered at P.S. Jhunir, Distt. Mansa under Sections 323/324/326 IPC and other consequential proceedings emanating therefrom on the basis of compromise (Annexure P-2). 2. This Court passed the following order on 10.2.2012:- “This is a petition for quashing of FIR No.66 dated 18.10.2011, under Sections 323, 324 and 326 IPC, registered at Police Station Jhunir, District Mansa (Annexure P1) and all the consequential proceedings arising therefrom, on the basis of compromise. Notice of motion. In the meantime, the petitioners and respondent no.2 are directed to appear before the Chief Judicial Magistrate, Mansa on 29.02.2012, who shall record their respective statements with regard to compromise and submit his report on or before the date fixed by this Court.” 3. In compliance of the aforesaid order, report of the CJM, Mansa has been received along with the statements of parties. As per the aforesaid statements and report of the CJM, a compromise has been effected between the parties without any coercion or pressure and the said compromise is in the interest of both the parties. 4. The respondent-complainant and the petitioner are present in Court and both are represented by their counsels. Both the parties have affirmed the compromise (Annexure P-2). 5. A Full Bench of this Court in Kulwinder Singh and others v. State of Punjab and another 2007(3) RCR (Criminal) 1052 has held that this Court, in appropriate cases, while exercising powers under Section 482 Cr.P.C., may quash an FIR disclosing the commission of non-compoundable offences. The relevant paras of the said judgment reads thus:- “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 Cr.P.C. is used to enhance such a compromise which, in turn, enhances the social amity and reduces friction, then it truly is “finesh 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 power under Section 482 of the Cr.P.C. in the event of a compromise, but this is not to say that the power is limited to such cases. 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 power under Section 482 of the 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, 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 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.” 30. The power under Section 482 of the Cr.P.C. is to be exercised Ex-Debitia Justitia 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 groups, 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 adborrent to lawful composition of the society of would promote savagery.” 6. Resolution of a dispute by way of a compromise between two warring groups, 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 adborrent to lawful composition of the society of would promote savagery.” 6. Keeping in view the factum of compromise between the parties, who are real brothers and the fact that the said compromise is in the interest of both the parties and even the challan has not been filed, till date, the FIR in question and subsequent proceedings arising therefrom, are hereby quashed qua the petitioner. 7. The petition is disposed of.