IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M-53335 of 2007 Date of Decision:2.3.2010 Charan Singh and others .... Petitioners Versus State of U.T., Chandigarh and another .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. Ashish Gupta, Advocate for the petitioner. Mr. Sukant Gupta, Advocate for U.T. Chandigarh. Mr. A.P.S. Mann, Advocate for the complainant. **** 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) The present petition under Section 482 Cr.P.C. has been moved for quashing of FIR No.424 dated 16.9.2007 registered under Sections 147,148,149,452,364,323 of IPC at Police Station South (Sector 34), Chandigarh, and subsequent proceedings arising therefrom on the basis of compromise (Annexure P-2) entered into between the parties. As per the allegations made in the FIR, one Ms. Seema, who is real sister of petitioners No.1 and 2 and sister-in-law of petitioners No.7 to 9 and in close relations of other petitioners was having an affair with Rajiv Rajan son of respondent No.2 and they both wanted to marry each other. Since, the whereabouts of Ms. Seema could not be located, the FIR in question was registered. After the registration of the FIR, the relatives and common friends of both the parties met each and other and it was decided to resolve all their difference amicably and also to solemnize the marriage of Ms. Seema with Rajiv Rajan. The marriage has since been solemnized on 18.9.2007. Now, Ms. Seema and Rajiv Rajan are living happily at their matrimonial home and there is no dispute left between the parties. Vide order dated 12.10.2009, a coordinate Bench of this Court directed the parties to appear before the trial court to get their statements recorded regarding compromise with respect to the genuineness of the compromise. In pursuance to the aforesaid order, learned Judicial CRM M-53335 of 2007 -2- Magistrate Ist Class, Chandigarh has submitted his report stating therein that the statements of the parties are voluntarily. Ranbir Singh and Charan Singh, who are accused, have also suffered separate statements and endorsed the statement of the complainant Shri Bakshi Ram. It is further reported that the compromise between the parties is genuine an is not on account of any pressure or otherwise. Since Rajiv Rajan son of Bakshi Ram(Complainant) was injured and is the victim, his separate statement has also been recorded in the Court today to the same effect. As per the statement, he has no objection if the FIR in question is quashed. An affidavit in this regard was also filed and the same is taken on record. 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 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 CRM M-53335 of 2007 -3- 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 allegation made in the FIR and taking into account the compromise effected between the parties as well as report submitted by the learned Judicial Magistrate Ist Class that the compromise between the parties is genuine and is not a result of any threat, inducement or pressure and the same has been voluntarily arrived at, I find that it is 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, harmony and allow the married couple to live happily. Accordingly, the present petition is allowed and FIR No.424 dated 16.9.2007 registered under Sections 147,148,149,452,364,323 of IPC at Police Station South (Sector 34), Chandigarh and all subsequent proceedings arising therefrom are hereby quashed in the interest of justice. 2.3.2010 ( NIRMALJIT KAUR ) rajeev JUDGE