CRM No.M-1531 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-1531 of 2010 Date of decision:- 15.11.2011 Bhagwan Dass and others ...Petitioners Versus State of Punjab and another .... Respondents CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present:- Mr. Naveen Kaushik, Advocate for Mr.I.P.S.Kohli, Advocate for the petitioners. Mr. G.S.Brar, AAG, Punjab Mr. Vishal Aggarwal, Advocate, for respondent No.2. **** AUGUSTINE GEORGE MASIH, J (ORAL) This petition under Section 482 Cr.P.C. has been filed for quashing of the FIR No.294 dated 23.07.2009 registered at Police Station Civil Lines, District Amritsar under Sections 420, 408, 467, 468, 471 and 120-B IPC along with all consequential proceedings arising therefrom. It is the contention of the counsel for the petitioners that the present dispute was primarily a civil dispute wherein allegations were levelled against the petitioners that they had overdrawn their salary. He contends that during the pendency of the FIR a compromise has been entered into between the petitioners and the respondent-School. Petitioners have deposited the excess amount, which was drawn by them and on the basis of the deposit of the said amount, a compromise has been reached between the parties and according to which the school CRM No.M-1531 of 2010 -2- authorities do not want to proceed further against the petitioners and have no objection to the quashing of the FIR, which was recorded on its behest. His further contention is that another FIR against Gurdial Singh Sandhu petitioner No.2 herein i.e. FIR No.284 dated 21.07.2009 was registered on similar allegations which stands quashed by this Court in Criminal Miscellaneous No.M-31483 of 2009 titled as 'Gurdial Singh Sandhu vs. State of Punjab and another' vide order dated 20.07.2011 on the basis of similar compromise. He accordingly prays for quashing of the present FIR also. Counsel for respondent No.2 has filed an affidavit sworn by Shri Iqbal Singh son of Shri Narinder Singh, P.G.T. Army School, Amritsar Cantonment in Court, wherein it has been stated by him that he has been authorized to appear on behalf of the school authorities and to make a statement that the compromise has been entered into between the parties and that they have no objection to the quashing of the present FIR. Attested copy of the authority letter dated 14.09.2011 has also been filed along with an affidavit. Counsel for respondent No.2 submits that the respondent- School has no objection to the quashing of the present FIR in the light of compromise entered into between the parties and the deposit of the amount, which was overdrawn by the petitioners. Shri Iqbal Singh son of Shri Narinder Singh is present in Court and has been identified by his counsel as also ASI Baldev Singh, Police Station Cantonment Amritsar. He states that the petitioners have deposited the amount of overdrawn salary with the school authorities and a compromise has been entered into between the parties on that basis. In the light of said compromise and the deposit of amount, the school does not want to further pursue the FIR, which has been registered against the petitioner on its behest. CRM No.M-1531 of 2010 -3- He further states that the school has no objection to the quashing of the present FIR qua the petitioners. As a compromise has been entered into between the parties and an affidavit to this effect has been filed on behalf of the complainant in Court and the authorized person of the school-complainant has made a statement in Court, which has been recorded above, the present petition deserves to be allowed. A Larger Bench of this Court in the case of Kulwinder Singh & Ors. vs. State of Punjab & Anr. 2007 (3) RCR (Criminal) 1052, while discussing the scope of quashing of prosecution on the basis of compromise, in exercise of powers under Section 482 Cr.P.C., even in non-compoundable offence(s), has held as under:- “28. 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 in a matrimonial discord, landlord-tenant matters, commercial transactions and other such matters can safely be dealt with by the Court by exercising its powers under Section 482 of the Cr.P.C. in the event of a compromise, but this is not to say that the power is limited to such cases. There can never be any such rigid rule to prescribe the exercise of such power, especially in the absence of any premonitions to forecast and predict eventualities which the cause of justice may throw up during the course of a litigation. 29. 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 CRM No.M-1531 of 2010 -4- order to prevent the abuse of law and to secure the ends of justice.” In view of the above and the compromise, which has been entered into between the parties, the statement given by Shri Iqbal singh on behalf of the complainant and also in the light of the fact that an earlier FIR registered against Gurdial Singh Sandhu on the same allegations, which has been referred to above, stands quashed by this Court vide order dated 20.07.2011 in Criminal Miscellaneous No.M-31483 of 2009, the present petition is allowed. FIR No.294 dated 23.07.2009 registered at Police Station Civil Lines, District Amritsar under Sections 420, 408, 467, 468, 471 and 120-B IPC, along with all consequential proceedings arising therefrom are hereby quashed. (AUGUSTINE GEORGE MASIH) 15.11.2011 JUDGE adhikari