CRM No. M-395 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM No. M-395 of 2009 Date of Decision : September 26, 2011 Paramjit Singh and others .... PETITIONERS Vs. Union Territory, Chandigarh and another ..... RESPONDENTS CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH * * * Present : Mr. Pritam Saini, Advocate, for the petitioners. Mr. Sukant Gupta, Addl. P.P. For U.T. Chandigarh. Mr. Amit Prashar, Advocate, for respondent No. 2. * * * AUGUSTINE GEORGE MASIH, J. (ORAL) This petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 531 dated 24.10.2007 under Sections 406/498-A IPC registered at Police Station, Sector-17, Chandigarh(Annexure P-7), on the basis of a compromise, which has been entered into between the parties, according to which, both the parties have amicably settled all their disputes which were primarily matrimonial in nature and on the basis of the CRM No. M-395 of 2009 2 said compromise, divorce by mutual consent also stands granted vide order dated 12.05.2010. Counsel for respondent No. 2-complainant has placed on record a certified copy of the statement made by Smt. Manjeet Kaur- respondent No. 2-complainant before the Court where the proceedings for divorce under Section 13-B of the Hindu Marriage Act were pending. In the said statement, reference of the present quashing petition preferred by the petitioner has been made and it has been further stated that she does not have any objection to the petition being allowed by this Court and quashing of the FIR. The certified copy of the statement of Manjeet Kaur- complainant-respondent No. 2 is taken on record and marked as Annexure 'A'. Manjeet Kaur-complainant is also present in Court. She has been identified by her counsel as also by SI Anil Kumar, Police Station Women Cell, Sector-17, Chandigarh. She reiterates the fact that in the light of the compromise, which has been entered into between the parties wherein all the disputes have amicably been settled, she has no objection to the present petition being allowed by quashing FIR No. 531 dated 24.10.2007 got registered by her against the petitioner. In view of the amicable resolution of the disputes between the parties and the statement made by the complainant-respondent No. 2- Manjeet Kaur d/o Sh. Amarjeet Singh, the present petition deserves to be allowed in the light of a Full Bench judgment of this Court in the case of Kulwinder Singh & Ors. vs. State of Punjab & Anr. 2007 (3) RCR (Criminal) 1052, Wherein 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), it has been CRM No. M-395 of 2009 3 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 order to prevent the abuse of law and to secure the ends of justice.” Therefore, in view of the discussion above, since the parties have amicably settled the matter, no useful purpose would be served if the CRM No. M-395 of 2009 4 proceedings are continued before the trial Court. Accordingly, the present petition is allowed. FIR No. 531 dated 24.10.2007 under Sections 406/498-A IPC registered at Police Station, Sector-17, Chandigarh (Annexure P-7) along with all consequential proceedings are hereby quashed. (AUGUSTINE GEORGE MASIH ) September 26, 2011 JUDGE pj