SHAHBAJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C. for quashing of the FIR No.166 dated 29.03.2006 under Sections 308, 323, 148 and 149 IPC at Police Station Kotwali, District Bathinda and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties.

(2.) The FIR was registered against the present petitioner by respondent No.2-Sandeep Kumar son of Sh. Surinder Kumar, alleging therein that the petitioner has caused injuries to the complainant. Due to the intervention of the respectable persons of the area, the compromise has been effected between the parties. They are now living peacefully. There is no grudge between them. As per the compromise, the complainant respondent No.2-Sandeep Kumar does not wish to pursue the above mentioned FIR against the petitioner. Separate statements of respondent No.2-Sandeep Kumar and injured Gurdeep Singh have also been recorded. It is duly stated by them that the matter has been compromised and they have no objection, if the said FIR is quashed. In fact, on the basis of the compromise, even the cancellation report was submitted. The matter having been compromised, it is fit case where there is no impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C for quashing of the FIR.

(3.) 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 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 "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 :-