Crl. Misc. No.M-12279 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-12279 of 2010 Date of Decision: 30.04.2010 Gaurav & another ....Petitioners Versus State of Punjab and others ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. Harsh Bunger, Advocate for the petitioners. Mr. K.S. Pannu, D.A.G., Punjab Mr. Pankaj Chauhan, 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 case FIR No.54 dated 01.06.2009 registered at Police Station Division No.7, Jalandhar under Sections 452, 506, 427, 148 and 149 IPC and all subsequent proceedings arising therefrom. The FIR was registered against the present petitioners by respondent No.2-Maninder Pal Singh son of Sh. Manmohan Singh. Now, with the intervention of the families, respectables and relatives, the parties have entered into a compromise. As per the compromise, the complainant respondent No.2-Maninder Pal Singh does not wish to pursue the above mentioned FIR against the petitioners. An affidavit was also executed affirming the factum of compromise. A separate statement of respondent Crl. Misc. No.M-12279 of 2010 2 No.2-Maninder Pal Singh has also been recorded. It is duly stated by him that the matter has been compromised and he has no objection, if the said FIR is quashed. The present FIR arises out of misunderstanding between the children of the parties. 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 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 Crl. Misc. No.M-12279 of 2010 3 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 dispute is personal in nature. 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.54 dated 01.06.2009 registered at Police Station Division No.7, Jalandhar under Sections 452, 506, 427, 148 and 149 IPC and all subsequent proceedings arising therefrom are hereby quashed in the interest of justice. (NIRMALJIT KAUR) 30.04.2010 JUDGE gurpreet