IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M-15225 of 2010 Date of Decision:1.7.2010 Jasmer Singh .... Petitioner Versus State of Punjab and another .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. H.N.S. Gill, Advocate for the petitioner. Mr. K.S. Pannu, D.A.G. Punjab. Mr. Simranjeet Kaur, 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) The present petition under Section 482 Cr.P.C. has been moved for quashing of FIR No.118 dated 16.06.2009 registered under Section 420 IPC at Police Station Zirakpur, District SAS Nagar, Mohali and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties. The FIR in question was got registered by respondent No.2 against the petitioner on the allegation that the petitioner sold the plot to him and he had paid the total consideration of Rs.11,50,000/- at the spot. However, on enquiry, he came to know that the said plot is in possession of another person, who is also having a sale deed of the same. As such, he has been cheated. However, the matter has been compromised. Compromise deed has also been placed on record as Annexure P-2. Whereas, it is stated that total amount of Rs.6,00,000/- was to be paid by the petitioner out of which Rs.1,00,000/- was duly received and balance amount of Rs.5,00,000/- was to be paid in the Court. Separate statement of respondents No.2/complainant authenticating the compromise has also been recorded in CRM M-15225 of 2010 -2- the Court today stating that the matter has been compromised due to the intervention of the respectable of the area and he has received a draft bearing No.003883 amounting to Rs.5,00,000/- issued by Kotak Mahindra Bank, which was the balance amount due as per the compromise. Now, there is no other other claim pending against the petitioner. He has no objection if the FIR in question is quashed. It is further stated that the said compromise was entered into without any pressure and out of his own sweet will. 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:- CRM M-15225 of 2010 -3- “ 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.” Taking into account that the compromise has been effected between the parties, compromise deed (Annexure P-2) and the statement of respondent No.2-complainant stating that he has received the agreed amount and he has no objection if the FIR in question is quashed, 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. Accordingly, the present petition is allowed and FIR No.118 dated 16.06.2009 registered under Section 420 IPC at Police Station Zirakpur, District SAS Nagar, Mohali and all subsequent proceedings arising therefrom are hereby quashed. 1.7.2010 ( NIRMALJIT KAUR ) rajeev JUDGE