Crl. Misc. No.M-2337 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-2337 of 2010 Date of Decision: 25.03.2010 Major Nitin Sharma and another ....Petitioners Versus State of Haryana and another ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. N.P.S. Kohli, Advocate for the petitioners. Mr. Sanjiv Sura, Addl. A.G., Haryana Mr. K.S. Dhaliwal, 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 the FIR No.252 dated 28.08.2009 under Sections 406 and 498-A IPC at Police Station Ambala City on the basis of compromise arrived at Mediation Centre on 13.11.2009 between the petitioners and respondent No.2/complainant and all subsequent proceedings arising thereto. The petitioner No.1 is disciplined/decorated officer of the Indian Army and is serving as a Major. Respondent no.2-complainant is also Major in the Army. The FIR was registered at her behest against the present petitioners. The matter has since been compromised before the Crl. Misc. No.M-2337 of 2010 2 Mediation and Conciliation Centre of this Court and the said compromise dated 13.11.2009 arrived at between the parties is also placed on record. The affidavit has also been filed by respondent No.2-Major Himani. As per the affidavit, the matter has been compromised between the parties. Separate statements of petitioner No.1 and respondent No.2 has been recorded before this Court. Petitioner No.1, in his statement, has stated that he shall be bound by the terms and conditions of the compromise. Respondent no.2 has also got recorded the compromise to the same effect stating therein that she too will be bound by the terms and conditions of the compromise and further she has no objection, if the said FIR is quashed. The dispute is personal in nature. The matter has been compromised. 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 Crl. Misc. No.M-2337 of 2010 3 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 the fact that the matter is totally personal in nature and the same has 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. 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.252 dated 28.08.2009 under Sections 406 and 498-A IPC at Police Station Ambala City and all subsequent proceedings arising thereto are hereby quashed in the interest of justice. (NIRMALJIT KAUR) 25.03.2010 JUDGE gurpreet