252 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M No.23891 of 2015 (O&M) Date of Decision: 01.10.2015 [ENTITY] Petitioner Vs. [ENTITY] and others Respondents CORAM: HON'BLE MR. JUSTICE [ENTITY] Present: Mr. [ENTITY], Advocate for Mr. [ENTITY], Advocate for the petitioner. Mr. [ENTITY], Advocate for Mr. [ENTITY], APP for respondent No.1/UT, Chandigarh along with [ENTITY]. Mr. [ENTITY], Advocate for respondent Nos.2 and 3. [ENTITY], J. (Oral)
Present petition under [SECTION] [ACT] is for quashing of FIR No.41 dated 30.01.2015, under [SECTION] and [SECTION] of the [ACT], registered with Police Station Sector 11, Chandigarh (Annexure P-1) and the subsequent proceedings on the basis of compromise dated 30.06.2015 (Annexure P-2) arrived at between the parties.
As per allegations in the FIR, complainant/respondent No. 2-[ENTITY] has lodged the FIR against unknown persons, who made a fake facebook I.D. in the name of his sister-Ms. [ENTITY] (respondent No. 3).
During the course of investigation, petitioner/accused was found involved in the commission of offence.
Vide order dated 18.08.2015, this Court directed the learned Illaqa Magistrate/trial Court to send report with regard to compromise in pursuance of which, a report/letter No. 270 dated 23.09.2015 has been received from the learned Judicial Magistrate 1st Class, Chandigarh, which is taken on record as Mark-A. It is stated in the report that the complainant has arrived at a compromise with the accused-petitioner without any undue influence and pressure.
Learned Counsel for UT, Chandigarh, on instructions from SI [ENTITY], states that the matter is under investigation.
Hon'ble Supreme Court in [PRECEDENT] has made it explicitly clear in para 15 of its judgment that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and [SECTION] of the Code does not limit or effect the powers under [SECTION] of the Code.
A Full Bench of this Court in [PRECEDENT] has held that this Court, in appropriate cases, while exercising powers under [SECTION] [ACT], may quash an FIR disclosing the commission of non compoundable offences. The relevant extracts read 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. "
Hon'ble Apex Court in another case in [PRECEDENT], [PRECEDENT] while relying upon its decision in [ENTITY]'s case (supra) has also held that in view of the compromise arrived at between the parties, the technicalities should not be allowed to stand in the way in the quashing of criminal proceedings and the continuance of the same after compromise between the parties would be a futile exercise.
Similar views were expressed by Hon'ble the Apex Court in [PRECEDENT], the relevant extract of which is 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. "
Keeping in view the above settled legal position and taking into account the fact that both the parties have desired to live in peace and harmony and carry on with their lives without any ill will or rancour by resolving their differences and entering into the aforesaid compromise, it is evident that 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 the FIR in the interest of justice.
Accordingly, the present petition is allowed and FIR No.41 dated 30.01.2015, under [SECTION] and [SECTION] of the [ACT], registered with Police Station Sector 11, Chandigarh(Annexure P-1) and all subsequent proceedings arising therefrom, are quashed.
October 01, 2015 ([ENTITY]) [ENTITY] JUDGE