IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M-31211 of 2009 Date of Decision:14.1.2010 Nand Lal and others .... Petitioners Versus State of Punjab and another .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. Vijay Sharma, Advocate for the petitioners. Mr. K.S. Pannu, D.A.G. Punjab. Mr. G.S. Bains, 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? NIRMALJIT KAUR, J. The present petition under Section 482 Cr.P.C. has been moved for quashing of FIR No.93 dated 16.04.2003 registered under Sections 420, 467, 468, 471 IPC at Police Station Civil Line Patiala and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties. Vide order dated 14.12.2009, Chief Judicial Magistrate, Patiala, was directed to record the statements and to verify as to whether the said compromise was genuine or not. In pursuance to the same, the report dated 12.1.2010 submitted by the Chief Judicial Magistrate has been received stating therein that both the parties appeared before him and statement of complainant Rakesh Kumar was duly recorded. As per the statement, the complainant-Rakesh Kumar has submitted that he has no objection if the aforesaid FIR is quashed. Copy of the statement has also been placed on record. As per the allegations in the FIR, the petitioners had received CRM M-31211 of 2009 -2- earnest money from the complainant and execution of agreement was signed, however, the sale deed was not executed. Accordingly, the FIR in question was registered on the allegations of cheating and inducement on behalf of the petitioners. It is apparent from the perusal of the FIR that dispute is totally of personal in nature. Even otherwise, the matter has since been compromised and the statement of the complainant duly made before the Chief Judicial Magistrate, has also been placed on record. As per the affidavit, the parties have entered into a compromise without any pressure and they have no objection if the FIR in question is quashed. The Full Bench of this Court, in the case of Kulwinder Singh and others v. 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 CRM M-31211 of 2009 -3- of law and to secure the ends of justice.” In the case of Madan Mohan Abbot v. State of Punjab 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.” The matter has been compromised. The dispute is personal. In view of the settled position of law, it is also a 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 FIR in the interest of justice to promote peace and harmony. Accordingly, the present petition is allowed and FIR No.93 dated 16.04.2003 registered under Sections 420, 467, 468, 471 IPC at Police Station Civil Line Patiala and all subsequent proceedings arising therefrom are hereby quashed in the interest of justice. 14.1.2010 ( NIRMALJIT KAUR ) rajeev JUDGE