The essence of compromise in modern society and the wide powers of the court to quash proceedings, even in non-compoundable offences, to prevent abuse of process of law and secure the ends of justice.

SHAM SUNDER, J

1. This appeal is directed against the judgment of conviction, and the order of sentence dated 29.1.1990, rendered by the Court of Addl. Sessions Judge, Sirsa, vide which it convicted Lal Chand and Vakil Chand, accused (now appellants), for the offences, punishable under Sections326 and 324 IPC, and sentenced Lal Chand, accused, to undergo RI for a period of three years, for the offence, punishable under Section 326 IPC, and sentenced Vakil Chand, accused, to undergo RI for a period of one year, for the offence, punishable under Section 324 IPC, for causing injuries on the person of Harmesh Lal @ Ramesh Kumar, Lekh Raj, and Karmo Bai.

2. During the pendency of appeal, the parties entered into a compromise, being closely related to each other, as Ram Kishan, author of the FIR, is the real brother of Lal Chand, appellant, and real uncle of Vakil Chand, appellant, who is the son of Lal Chand, and Ramesh Kumar, injured, is the real nephew of Lal Chand, appellant, and his mother Ram Piari, is the real sister of Lal Chand, whereas, Vakil Chand, is the cousin of Ramesh Kumar, injured. Vide compromise deed (Annexure A/1), it was stated by them, that the parties being nearly related to each other, have settled their dispute, and with a view to bring about better relations, between them, the compromise be accepted. The compromise (Annexure A/1), was also duly supported by the affidavits of Ram Kishan and Ramesh, (Annexure A/2) and (Annexure A/3) respectively. Thus, an application, under Section 482 Cr.P.C., for placing on record, the compromise, and acquitting the accused, was filed. In other words, vide application, under Section 482 Cr.P.C., the appellants sought quashing of the FIR, as also the conviction, and the order of sentence, recorded by the trial Court.

3. I have heard the learned Counsel for the parties, and have gone through the evidence and record of the case, carefully.

4. The first question, that arises for consideration is, as to whether, the FIR, as also the judgment of conviction, and the order of sentence, could be quashed, in exercise of the power, under Section 482 Cr.P.C, or not. It was held in Abasaheb Yadav Honmane Vs. State of Maharashtra 2008(3) All India Criminal Law Reporter 676, by a Full Bench of the Bombay High Court, that the power to compound, can be exercised at the trial stage, or even at the appellate stage. Similar principle of law was, laid down, in Kulwinder Singh Vs. State of Punjab 2007(3) Law Herald 2225, by a Full Bench of this Court. Under these circumstances, relying upon the ratio of law, laid down, in the aforesaid authorities, the proceedings, can be quashed, at the appellate stage, including the FIR, as also the judgment of conviction, and the order of sentence, recorded by the trial Court, if the facts and circumstances, of a particular case, so warrant.

5. In Kulwinder Singh's case (supra), while approving the minority view in Dharambir Vs. State of Haryana 2005(2) Law Herald (P&H)(FB) 723, a Bench of five Hon'ble Judges, of this Court, concluded as under :

“27. To conclude, it can safely be said that there can never be any hard and fast category which can be prescribed to enable the Court to exercise its power under Section 482, of the Cr.P.C. The only principle that can be laid down is the one which has been incorporated in the Section itself i.e. “to prevent abuse of the process of any Court” or “to secure the ends of justice”.

28. In Mrs. Shakuntala Sawhney Vs. Mrs. Kaushalya Sawhney and others (1980) 1 SCC 63, Hon'ble Krishna Iyer, J. aptly summoned up the essence of compromise in the following words :-

“The finest hour of justice arrives propitiously when parties, despite falling apart, bury the hatchet and weave a sense of fellowship of reunion.”

The power to do complete justice is the very essence of every judicial justice dispensation system. It cannot be diluted by distorted perceptions and is not a slave to anything, except to the caution and circumspec