The main legal point established in the judgment is the importance of compromise in modern society and the need to exercise the power under Section 482 to prevent abuse of the process of court and secure the ends of justice.

JUDGMENT

Sanjay Vashisth, J. (Oral) - The present petition under Section 482, Cr.P.C., has been filed by the petitioners, for quashing of FIR No. 200, dated 02.08.2019 (Annexure P-1), for the offences punishable under Sections 323, 341, 506 of IPC, at Police Station Lehra, District Sangrur, and all the consequential proceedings arising therefrom, on the basis of compromise dated 25.12.2020 (Annexure P-2).

2. Vide order dated 13.01.2021, the affected parties were directed to appear before the learned trial Court/Illaqa Magistrate, for getting their respective statements recorded with regard to the compromise. The trial Court/Illaqa Magistrate was to submit a report in this regard giving certain details as enumerated in the said order.

3. Pursuant to the order dated 13.01.2021, passed by this Court, the parties have appeared before learned Judicial Magistrate Ist Class, Moonak, and as per report dated 16.03.2021, submitted to this Court, both the parties have got recorded their respective statements in Court. The operative part of the report received from learned Court below is as under:-

'It is submitted that after recording all these statements, the report as called from this Court is being submitted as under:

(1) There are two accused arrayed as accused in this FIR namely Jagdeep Singh son of Bahadur Singh and Amandeep Singh son of Nazar Singh, both residents of village Gidriani, Tehsil Lehra, District Sangrur.

(2) The accused of this case has not been declared Proclaimed Offender.

(3) The compromise appears to be genuine and voluntary and without any coercion or undue influence.'

4. Learned counsel for the petitioners urged that due to intervention of the respectable and elderly people of the society, the matter has been resolved and private parties have effected a compromise dated 25.12.2020 (Annexure P-2). At present, there remains no dispute amongst the private parties. He further submits that in view of the compromise so effected between the private parties, pendency of the impugned FIR and consequential proceedings emanating therefrom would be sheer abuse of the process of law.

5. Learned State counsel as also learned counsel for respondent No.2, after going through the statements and the report received from learned Court below, very fairly admit that the private parties have resolved their dispute and effected a compromise and that they have no objection if the impugned FIR and all the consequential proceedings are quashed on the basis of the compromise.

6. The Full Bench of this Court in the matter of Kulwinder Singh and others v. State of Punjab and another, 2007 (3) RCR (Criminal) 1052, has observed as under:

'(28) 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'.

(29) In Mrs. Shakuntala Sawhney v. Mrs. Kaushalya Sawhney and others, 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.'

(30) 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 circumspection, the standards of which the Court sets before it, in exercise of such plenary and unfettered power inherently vested in it while donning the cloak of compassion to achieve the ends of justice.

(31) No embargo, be in the shape of Section 320(9) of the Cr.P.C., or any other such curtailment, can whittle down the power under Section 482 of the Cr.P.C.

(32) The compromise, in a modern society, is the sine qua non of harmony and o