TMI Blog2008 (12) TMI 819X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 v. 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 incor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be dealt with by the Court by exercising its powers under Section 482 of the Cr.P.C. in the event of compromise, but this is not to say that the power is limited to such cases. There can never be any such rigid rule to prescribe the exercise of such power, especially in the absence of any premonitions to forecast and predict eventualities which the cause of justice may throw up during the course of a litigation. 31. 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 powers 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 non-compoundabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Court, under Section 482 Cr.P.C., is not limited to matrimonial cases alone. The Court has wide powers to quash the proceedings, even in non-compoundable offences, in order to prevent the abuse of process of law and to secure the ends of justice, notwithstanding the bar under Section 320 Cr.P.C. Exercise of power, in a given situation, will depend on the facts of each case. They duty of the Court is not only to decide a lis between the parties after a protracted litigation. The Court is also a vital, and an extra-ordinary effective instrument, to maintain and control social order. Resolution of dispute by way of compromise between two warring groups, should be encouraged unless such compromise is abhorrent to lawful composition of the soc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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