JAI SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) REPLY filed by the State is taken on record. The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.114 dated 7.7.2007 under Sections 341/326/324/323/34 IPC Police Station Ghal Khurd District Ferozepur and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties.

(2.) THE FIR in question was got registered by respondent No.4. However, the matter has been compromised due to the intervention of the respectables of the area. Compromise deed (Annexure P-2) has already been placed on record to this effect.

(3.) THE Full Bench of this Court, in the case of Kulwinder Singh and others v. 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:- " 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 noncompoundable 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." In the case of Madan Mohan Abbot v. State of Punjab 2008 (4) S.C. Cases 582, the Apex Court emphasised and advised as under:-