IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M-22902 of 2010 Date of Decision:17.1.2011 Harjit Kaur Mann .... Petitioner Versus State of Punjab and another .... Respondents and CRM M-32406 of 2010 Date of Decision:17.1.2011 Jaswant Singh Mann and another .... Petitioners Versus State of Punjab and others .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Ms. Monika Goel, Advocate. Mr. Kirat Singh Sidhu, D.A.G. Punjab. Mr. J.S. Dadwal, Advocate. **** 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) By this common order, Crl. M. No.22902-M of 2010 and Crl. M. No.32406-M of 2010 shall be decided together wherein the prayer is for quashing of FIR No.108 dated 31.5.2008 under Sections 498-A,34 IPC (later on Section 406 IPC was added) Police Station City Moga and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties. The FIR in question was got registered by Harjit Kaur, who herself has filed Crl. M. No.22902-M of 2010 stating that the matter has been compromised and the FIR in question be quashed. Whereas, Crl. M. CRM M-22902 of 2010 -2- No.32406-M of 2010 has been filed filed by the other accused involved in the FIR. However, the compromise between the parties has been noticed vide order dated 6.7.2010 (Annexure P-1) passed by this Court in C.R. No.7175 of 2009. Vide order dated 7.10.2010 passed in Crl. M. No.22902-M of 2010, The Chief Judicial Magistrate, Moga, was directed to record the statements of the petitioner-Harjit Kaur and all the accused regarding the matter having been compromised and sent a report to this Court. In pursuance to the same, the report of the Chief Judicial Magistrate, Moga, has been received. It is submitted in the said report that the statements of the parties have been recorded. As per their statements, it appears that the matter having been compromised between the parties. It is further submitted that as per compromise and in compliance of order passed in Crl. M. No.22902-M of 2010 dated 7.10.2010, the petitioner-Harjit Kaur has received Demand Draft No.038924 dated 8.10.2010 for Rs.2,00,000/- from accused Jasdeep Singh, Jaswant Singh and Jasbir Kaur. She has no objection in case the FIR in question is quashed qua all the accused. It is further submitted in the report that now no claim of complainant Harjit Kaur is pending against them. Thus, there is no doubt that the matter has been compromised as above. 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 CRM M-22902 of 2010 -3- 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 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, report submitted by the Chief Judicial Magistrate, Moga and the petition filed by the complainant herself stating that FIR in question be quashed, it is a fit case where there is no impediment in the way CRM M-22902 of 2010 -4- 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 petitions are allowed and FIR No.108 dated 31.5.2008 under Sections 498-A,34 IPC (later on Section 406 IPC was added) Police Station City Moga and all subsequent proceedings arising therefrom are hereby quashed. A copy of this order be placed in the connected case. 17.1.2011 ( NIRMALJIT KAUR ) rajeev JUDGE