CRM No. M 2302 of 2012 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M 2302 of 2012 Date of decision: 10.02.2012 [ENTITY] and another Petitioners Versus [ENTITY] Respondent(s) Coram: Hon'ble Ms Justice [ENTITY] -.- Present: Mr. [ENTITY], Advocate for the petitioners Mr. [ENTITY], DAG, Punjab for the respondent State -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? [ENTITY], J. (Oral)
The present petition has been filed by the complainant- wife as well as husband jointly for quashing of the FIR 65 dated 22.04.2011 under [SECTION], [SECTION] [ACT] P S City Moga, District Moga on the basis of compromise.
Both the petitioners are present in Court along with their Counsel. The aforesaid FIR was got registered by the complainant wife petitioner No. 1 herein against her husband (petitioner No. 2). The matrimonial dispute between the parties led to filing of the same FIR. Now, as per both the petitioners, the matter has been amicably resolved and the complainant-wife is happily residing with her husband (petitioner No. 2) in her matrimonial home. Copy of the compromise dated 17.01.2012 has peen attached with this petition as P2.
From the above, it is clear that the matter has been resolved amicably and the complainant wife (petitioner No. 1) is happily residing with her husband (petitioner No. 2) in her matrimonial home. Allowing the criminal proceedings to continue in such life cases, would be nothing but a sheer misuse of process of law.
The Full Bench of this Court in the case of Kulwinder Singh and others v. [ENTITY] and another-2007(3) RCR (Criminal) 1052 has observed as under:-
"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] of the [ACT] is used to enhance such a compromise which, in turn, enhances the social amity and reduced friction, then it truly is finest hour of justice. Disputes which have their genesis in a matrimonial discord, landlord-tenant matters, commercial transactions and other such matters can safely be dealt with by the court exercising its power under [SECTION] of the [ACT] in the event of a compromise, but this is not to say power is limited to such cases. There can never be any such rigid rules to prescribe the exercise of such power."
The Apex Court in the case of 'Madan Mohan Abbot v. [ENTITY]' reported as (2008)4 SCC 582 emphasised in para No. 6 as follows:-
"6. We need to emphasize that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the Court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the Courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law."
The said compromise has been arrived at between the parties without any pressure. The complainant has no objection if the said FIR is quashed.
Taking into account the allegations and compromise coupled with the fact that the complainant (petitioner No. 1) is happily residing with her husband (petitioner No. 2), there is no impediment in the way of this Court to quash the present FIR and subsequent proceedings arising out of the same in view of the above said settled proposition of law.
Accordingly, the present petition is allowed and FIR 65 dated 22.04.2011 under [SECTION], [SECTION] [ACT] P S City Moga, District Moga and subsequent proceedings arising out of the same are hereby quashed.
Learned counsel for the petitioners has also brought to the notice of the Court that the dowry articles are still lying with the police and prayed that the same be got returned to the complainant - wife immediately.
Accordingly, the police is directed to release the dowry articles taken into custody to the petitioner No. 1, forthwith.
Allowed in the aforesaid terms.
([ENTITY]) Judge 10.02.2012 mohan