Crl. Misc. No.M-7037 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-7037 of 2011 Date of Decision: 14.03.2011 Harbhajan Singh ....Petitioner Versus State of Punjab and another ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. Vikas Mehsempuri, Advocate for the petitioner. ***** 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 ? ** NIRMALJIT KAUR, J. (ORAL) This is a petition under Section 482 Cr.P.C. for quashing of the FIR No.181 dated 18.04.2009 under Sections 279, 338 and 506 IPC registered at Police Station Kotwali, Patiala, as well as, the subsequent proceedings arising out of the said FIR on the basis of compromise/affidavit dated 12.01.2011. Notice of motion. At this stage, Mr. Digvijay Singh, Advocate appears and accepts notice on behalf of respondent No.2/complainant and states that the matter has been compromised. The FIR was registered against the present petitioner by respondent No.2-Amarjit Kaur wife of Shri Sukhwinder Singh. Due to the intervention of respectable, friends and relatives from both sides, the matter has been compromised. As per the compromise, the complainant Crl. Misc. No.M-7037 of 2011 2 respondent No.2-Amarjit Kaur does not wish to pursue the above mentioned FIR against the petitioner. Respondent no.2/complainant is present, in person, in the Court. An affidavit was also executed affirming the factum of compromise and the same is placed on record. It is duly stated by her that the matter has been compromised and she has no objection, if the said FIR is quashed. The petitioner, as well as, respondent No.2 are real brother and sister. The present FIR arises out of the misunderstanding with regard to the Will dated 03.04.2008. The matter having been compromised, it is fit case where there is no impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C for quashing of the FIR. The Full Bench of this Court, in the case of Kulwinder Singh and others vs. State of Punjab 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 482 of the Cr.P.C 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 Cr.P.C which can affect the inherent power 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- compoundable offences notwithstanding the bar under Section 320 of the Cr.P.C in order to prevent the abuse of law and to secure the ends of justice.” In the case of Madan Mohan Abbot vs. State of Punjab 2008(4) S.C. Cases 582, the Apex Court emphasised and advised as Crl. Misc. No.M-7037 of 2011 3 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 the present case, the dispute arises out of the misunderstanding. Both the petitioner, as well as, respondent No.2 are real brother and sister. The same has been compromised. In view of the settled position of law, it would be just and proper to quash the FIR for peace, harmony and thus allow the parties to move on in life. Accordingly, the present petition is allowed and FIR No.181 dated 18.04.2009 under Sections 279, 338 and 506 IPC registered at Police Station Kotwali, Patiala, as well as, the subsequent proceedings arising out of the said FIR are, hereby, quashed. (NIRMALJIT KAUR) 14.03.2011 JUDGE gurpreet