IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH [CASE NUMBER] Date of Decision:20.5.2011 [ENTITY] Petitioner Versus [ENTITY] and another Respondents And [CASE NUMBER] Date of Decision:20.5.2011 [ENTITY] Petitioner Versus [ENTITY] and another Respondents CORAM: Hon'ble Ms. Justice [ENTITY] Present: Mr. [ENTITY], Advocate for the petitioners. Mr. [ENTITY], A.A.G. Punjab. Mr. [ENTITY], Advocate for respondent No.2. 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.
By this common order, [CASE NUMBER] and [CASE NUMBER] shall be decided together wherein the prayer is for quashing of FIR No.192 dated 8.9.2009 under [SECTION]-B [ACT] Police Station Phagwara City, District Kapurthala and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties.
The FIR in question is a result of matrimonial dispute and was got registered by respondent No.2-complainant against the petitioners in the aforementioned petitions, who are husband and father-in-law. However, the matter has since been compromised due to the intervention of the respectables of the family. Statement (Annexure P-2) made by respondent No.2 before learned Addl. Civil Judge (Sr. Division) Phagwara has also been placed on record in this regard.
The parties are present in the Court alongwith their respective counsel. Learned counsel for respondent No.2 has placed on record the affidavit of respondent No.2 admitting the factum of compromise. As per the said affidavit, respondent No.2 has no objection if the FIR in question is quashed.
Respondent No.2, who is present in the Court, has also got her statement recorded to the effect that the matter has been compromised due to the intervention of the respectable of the area. She has entered into the said compromise out of her own free will and she has no objection if the FIR in question is quashed. It is also stated by her that she is bound by the terms and conditions of the compromise.
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."
Taking into account that the compromise has been effected between the parties, affidavit of respondent No.2 and the statement made by respondent No.2 stating that she has no objection if the FIR is quashed, it is a fit case where there is no impediment in the way of the Court to exercise its inherent powers under [SECTION] [ACT] for quashing of FIR in the interest of justice.
Accordingly, the instant petitions are allowed and FIR No.192 dated 8.9.2009 under [SECTION]-B [ACT] Police Station Phagwara City, District Kapurthala and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties are hereby quashed in the interest of justice.
However, the parties will be bound by the terms and conditions of the compromise.
A photo copy of this order be placed on the connected case.
20.5.2011 ( [ENTITY] ) [ENTITY] JUDGE