IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. M. No. M-32899 of 2010 Date of Decision:26.4.2011 [ENTITY] and others Petitioners Versus [ENTITY] and others Respondents And Crl. M. No.M-32734 of 2010 Date of Decision:26.4.2011 [ENTITY] and others Petitioners Versus [ENTITY] and others Respondents CORAM: Hon'ble Ms. Justice [ENTITY] Present: Ms. [ENTITY], Advocate. Mrs. [ENTITY], A.A.G. Punjab. Mr. [ENTITY], Advocate. 1.Whether Reporters of Local Newspapers may be allowed to see the judgment? 2.To be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? [ENTITY], J.
The instant petitions have been filed for quashing of FIR No.59 dated 5.5.2009 registered under [SECTION] [ACT], Police Station Chherretta, District Amritsar City as well as Cross case in the aforesaid FIR and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties.
The FIR in question mentioned in [CASE NUMBER] was got registered by respondent No.2-[ENTITY] whereas cross case mentioned in [CASE NUMBER] was got registered by respondent No.2-[ENTITY].
However, the matter has since been compromised.
Compromise deed has also been placed on record in both the petitions as Annexure P-3 respectively.
The parties are present in the Court through their respective counsel. Learned counsel for the parties have placed on record the affidavits of the complainants as well as the aggrieved parties (except respondent No.4 in [CASE NUMBER], who has since expired) in their respective cases admitting the factum of compromise. As per the said affidavits, they have no objection if the FIR in question as well as cross case are quashed.
The Full Bench of this Court, in the case of Kulwinder Singh and others v. [ENTITY] and another 2007(3) RCR (Criminal) 1052 has held that 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 reduces friction, then it truly is "finest hour of justice". Disputes which have their genesis not only in matrimonial discord but others as well, such compromise deserves to be accepted. It is further held as under:-
" The only inevitable conclusion from the above discussion is that there is no statutory bar under the [ACT] which can affect the inherent power of this Court under [SECTION]. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in non- compoundable offences notwithstanding the bar under [SECTION] of the [ACT] in order to prevent the abuse of law and to secure the ends of justice."
In the case of Madan Mohan Abbot v. [ENTITY] 2008 (4) S.C. Cases 582, the Apex Court emphasised and advised as under:-
" We need to emphasise 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."
In view of the settled position of law and in the facts of the present case, it is a fit case where there is no impediment in the way of the Court to accept the compromise and exercise its inherent powers under [SECTION] [ACT] for quashing of FIR in the interest of justice to promote peace and harmony. The compromise is entered into without any pressure.
Accordingly, the instant petitions are allowed and FIR No.59 dated 5.5.2009 registered under [SECTION] [ACT], Police Station Chherretta, District Amritsar City as well as Cross case in the aforesaid FIR and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties are hereby quashed in the interest of justice.
A photo copy of this order be placed on the connected case.
26.4.2011 ( [ENTITY] ) [ENTITY] JUDGE