The main legal point established in the judgment is the power of the High Court to quash criminal proceedings based on compromise, especially in cases where the offences are personal in nature and do not affect public peace or tranquility.

1. In this petition filed under Section 561-A Cr.P.C., petitioners seek quashing of FIR No. 176/2003 dated 13.06.2003, Challan No. 07/2004 dated 17.01.2004, order dated 11.03.2004 and all criminal proceedings arising out of the same, on the basis of compromise executed between the petitioners and respondent No.2 to prevent abuse of process of law. Sanjay Kumar (respondent No.2) is the complainant in FIR No. 176/2003. Since complainant and accused persons involved in the FIR No. 176/2003 have compromised, I propose to dispose of this petition.

2. This Court vide order dated 17.10.2018, directed the parties along with their counsel to appear before the Registrar Judicial of this Court for authenticity of compromise deed and for recording statements in respect thereto.

3. Pursuant to the order dated 17.10.2018, Registrar Judicial has recorded the statements of petitioners namely Ashish Sharma, Suraj Singh Jamwal, Ashutosh Sharma; and that of complainant/respondent No.2 namely Sanjay Kumar. Statements so recorded are placed on record and the same read as under:-

“Statement of Ashish Sharma, Age 37 years; Occupation: Govt. Employee; S/o Late Sh. Netar Dutt Sharma R/O House No.1-A, Ashok Nagar, Satwari, Jammu on oath today i.e. 20.10.2018

That I (petitioner No.1) have entered into an agreement/compromise with the respondent No.2 vide compromise deed dated 20.09.2018. By virtue of said deed, I have settled my disputes with respondent No.2 amicably.

Statement of Suraj Singh Jamwal, Age 40 years; Occupation: Driver; S/o Sh. Sukhdev Singh R/o House No. 711-A, Ashok Nagar, Satwari, Jammu on oath today i.e. 20.10.2018

That I (petitioner No.2) have entered into an agreement/compromise with the respondent No.2 vide compromise deed dated 20.09.2018. By virtue of said deed, I have settled my disputes with respondent No.2 amicably.

Statement of Ashutosh Sharma, Age: 40 years; Occupation: Driver; S/o Sh. Madan Mohan Sharma R/o House No.120, Narwal Pain, Jammu on oath today i.e. 20.10.2018.

That I (petitioner No.3) have entered into an agreement/compromise with the respondent No.2 vide compromise deed dated 20.09.2018. By virtue of said deed, I have settled my disputes with respondent No.2 amicably.

Statement of Sanjay Kumar (respondent No.2), Age:38 years; Occupation: Painter; S/o Sh. Sham Lal R/o Nasi Basti, Satwari, Jammu A/p Jourian, Tehsil Akhnoor, Jammu on oath today i.e. 20.10.2018.

That a small buffet took place and due to heat of the moment and the influence exerted by the people present there, the issue turned into a storm in a tea pot. That now, I have entered into a compromise with the petitioner No.1 to 3 vide compromise deed dated 20.09.2018 out of my fee will and volition. By virtue of said deed, I have settled my disputes amicably with the petitioners. I do not want to pursue the proceeding arising out of the Criminal Challan No. 07/2004 dated 17.01.2004, pending before learned Chief Judicial Magistrate, Jammu and I have no objection if the said criminal challan and proceedings arising out of said challan are quashed by this Hon’ble Court.

4. Further, statements of the petitioners and complainant/respondent No.2 have been verified by their respective counsel.

5. Bare perusal of the statements placed on record, it is evident that parties have entered into a compromise whereby they have settled the matter and also prayed for allowing the instant petition.

6. A Coordinate Bench of this Court has already considered a similar issue in 561-A No. 345/2017 vide order dated 09.06.2017 wherein the petition was allowed and the charge sheet and the proceedings against the petitioners therein were quashed. It is apt to reproduce operative part of the said order as under :

“Offence under Section 307 RPC is also the offence relating to use of weapons by the petitioners are non compoundable. However, it is stated that parties are next-door neighbours to each other. They have buried the hatchets and want to live as friendly neighbours. Learned counse