CRM No.M-11638 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:-10.11.2010 Harminder Singh son of Harjit Singh ...Petitioner Versus Amanpreet Kaur and another ...Respondents CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR Present: Mr.O.P.Hoshiarpuri, Advocate for the petitioner. Mr.R.K.Handa, Advocate for respondent No.1. Mr.Anter Singh Brar, Senior DAG Punjab. M ehinder S ingh S ullar , J . (Oral) The epitome of the facts, which needs a necessary mention for a limited purpose of deciding the core controversy involved in the instant petition and emanating from the record, is that the marriage of complainant Amanpreet Kaur (respondent No.1) was solemnized with petitioner Harminder Singh on 4.2.2001 according to Sikh rites at Hoshiarpur. After solemnization of the marriage, they resided together and cohabited as husband and wife and one child was born out of the said wedlock. They could not adjust with each other and started residing separately since 12.7.2004. The petitioner demanded the share in the property of father of the complainant and asked her to bring Rs.2 lacs in cash. The parents of the complainant gave sufficient dowry articles in the marriage, but the petitioner was not satisfied with the same. Thereafter, he started harassing her. 2. Levelling a variety of allegations and narrating the sequence of events, in all, according to the complainant that the petitioner-accused treated her with cruelty in connection with and on account of demand of dowry. On the basis of aforesaid allegations and in the wake of complaint of the complainant, the present case was registered against the petitioner-accused, vide FIR No.236 dated CRM No.M-11638 of 2010 2 29.9.2004 (Annexure P5), on accusation of having committed the offences punishable under sections 406 and 498-A IPC by the police of Police Station Division No.6, Jalandhar. 3. What is not disputed here is that the charges have already been framed against the petitioner and during the course of the trial of the case, the good sense prevailed and the matter was amicably settled between the parties. The complainant has also filed her written reply in this relevant direction. 4. In this manner, now the petitioner has filed the present petition for quashing the FIR (Annexure P5) and all subsequent proceedings thereto on the basis of compromise, invoking the provisions of section 482 Cr.PC, inter-alia, pleading that the parties have mutually agreed to live separately from each other. In pursuance of the compromise, they have already filed a divorce petition by way of mutual consent under section 13-B of the Hindu Marriage Act. In her statement (Annexure P1), she stated that the petitioner agreed to pay her a total sum of Rs.2,90,000/- for her and minor child's maintenance. She has already received Rs.1,45,000/- and balance amount shall be paid at the time of disposal of divorce petition. She also alleged that the child will remain in her custody and the petitioner has no right to claim his custody. The complainant has no objection if the FIR is quashed. 5. Such thus being the position on record, now the sole question that arises for determination in this petition is as to whether it would be expedient in the interest of justice to quash the criminal prosecution or not? 6. Having heard the learned counsel for the parties, having gone through the record with their valuable help and after bestowal of thoughts over the entire matter, to me, justice would be sub-served if the parties are allowed to compromise the matter in this relevant direction. 7. The law of settlement of criminal disputes by virtue of compromise is not res-integra and is well settled. The clear and explicit intention of the CRM No.M-11638 of 2010 3 Legislature in this regard was transformed in reality by Hon'ble Apex Court in cases Manoj Sharma v. State & Ors. 2008(4) RCR (Criminal) 827; B.S.Joshi v. State of Haryana 2003 (2) RCR (Crl.) 888 (SC) and Full Bench of this Court in case Kulwinder Singh and others v. State of Punjab and another 2007 (3) RCR (Criminal) 1052. 8. The symposium of the law laid down in the aforesaid judgments is that the power under section 482 Cr.PC has no limits. However, the High Court will exercise it sparingly and with utmost care and caution. The Court is a vital and an extra-ordinary effective instrument to maintain and control social order. The Courts play role of paramount importance in achieving peace, harmony and ever- lasting congeniality in society and resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of a Court which should endeavour to give full effect to the same, unless such compromise is abhorrent to lawful composition of the society or would promote savagery if the statement is fair being free from under pressure. Meaning thereby, the High Court has unlimited power to quash the criminal proceedings, relatable to matrimonial disputes, on the basis of lawful settlement. The law laid down in the aforesaid judgments “mutatis mutandis” is applicable to the present case and is the complete answer to the problem in hand. 9. As is evident from the record that the parties have compromised the matter and decided to live separately. The divorce petition has already been filed. To my mind, the compromise would be in the interest and welfare of the parties. Since the parties have lawfully agreed to settle the dispute, so, to my mind, there is no impediment in translating the wishes of the parties into reality and to quash the criminal prosecution to set the matter at rest to enable them to live in peace and to enjoy the life and liberty in a dignified manner as guaranteed by and as contemplated in the Constitution of India. 10. In the light of the aforesaid reasons, the instant petition is hereby CRM No.M-11638 of 2010 4 accepted. Consequently, FIR No.236 dated 29.9.2004 (Annexure P5) and all other subsequent proceedings thereto are quashed and the petitioner is acquitted, in the obtaining circumstances of the case. 10.11.2010 (Mehinder Singh Sullar) AS Judge