Crl. Misc. No.M-29851 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-29851 of 2009 Date of Decision: 09.03.2010 Sharanjeet Singh and others ....Petitioners Versus State of Punjab & others ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. Sandeep S. Majithia, Advocate for the petitioners. Mr. K.S. Pannu, D.A.G., Punjab Mr. Puneet Singla, 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. (ORAL) This is a petition under Section 482 Cr.P.C. for quashing of the FIR No.272 dated 19.12.2008 under Sections 406/498-A/307/323/506 and 120-B IPC at Police Station Salem Tabri District Ludhiana and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties. The FIR was registered against the present petitioners by respondent No.2-Ramandeep Kaur wife of Sharanjeet Singh. Now, with the intervention of respectables and relatives from both the sides, the matter has been compromised and both the parties have decided to live peacefully. The compromise has been placed on record as P-2. It is further stated by learned counsel for the petitioners that all the misunderstanding Crl. Misc. No.M-29851 of 2009 2 between the petitioners and the respondent have been removed. An affidavit has been filed by respondent No.2-Ramandeep Kaur, in this regard, stating therein that she does not wish to proceed against the petitioners and have no objection, if the present FIR is quashed. An affidavit of Ramandeep Kaur has been placed on record as P-3. A separate statement of respondent No.2 has also been recorded. Petitioner no.1 has also got his statement recorded stating therein that he is bound by the said compromise and has further undertaken to make a statement before the concerned Court of law in a petition under Section 13-B of the Hindu Marriage Act for granting divorce. The allegations are under Section 307 IPC and are serious in nature. However, taking into account that the said allegations are an outcome of the matrimonial dispute, 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- Crl. Misc. No.M-29851 of 2009 3 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 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.” Reply by way of short affidavit f Ramandeep Kaur wife of Shranjit Singh has been filed, stating therein, that she has no objection, if the said FIR is quashed. The Court is satisfied that the compromise is genuine. The respondent does not wish to stay with petitioner No.1. She wants to move on in life. If the present litigation is kept alive, the sword of appearing in the Court and the harassment on account of the same, which is a natural consequence of such matrimonial litigation, will always hang on her head. The same would stand in her way to live peacefully and settle afresh in life. Taking into account the allegation and also the fact that the same arises out of the matrimonial dispute, the discussion above, it would be in the interest of justice to accept the compromise and quash the FIR for peace, harmony and thus allow the parties to move on in life. Crl. Misc. No.M-29851 of 2009 4 Accordingly, the present petition is allowed and FIR No.272 dated 19.12.2008 under Sections 406/498-A/307/323/506 and 120-B IPC at Police Station Salem Tabri District Ludhiana and subsequent proceedings arising therefrom are hereby quashed in the interest of justice. The parties shall be bound by the compromise P-2. (NIRMALJIT KAUR) 09.03.2010 JUDGE gurpreet