IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M-687 of 2010 Date of Decision:2.3.2010 Kanwaljit Singh and others .... Petitioners Versus State of Punjab and another .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. Veneet Sharma, Advocate for the petitioners. Mr. K.S. Pannu, D.A.G. Punjab. Mr. Deepak Aggarwal, 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) The present petition under Section 482 Cr.P.C. has been moved for quashing of FIR No.42 dated 22.03.2006 registered under Sections 382, 342, 332, 353, 186, 323, 506, 148, 149 IPC read with Section 25, 27, 54/59 of Arms Act at Police Station B-Division, Amritsar and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties. As per the allegations made in the FIR, respondent No.2- Complainant, who is working as an agent in the LIC had issued a policy to petitioner No.4. However, petitioner No.4 stopped depositing the installments of the said policy and demanded the money back, which was already deposited by him. Dispute arose, resulting into minor scuffle. The matter has since been compromised with the intervention of the respectables of the area. An affidavit in this regard has been filed by respondent No.2- Complainant and the same is taken on record. As per the said affidavit, respondent No.2-complainant has no objection if the FIR in question is CRM M-687 of 2010 -2- quashed. A separate statement of respondent No.2-complainant has also been recorded to that effect in the Court today. 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 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 CRM M-687 of 2010 -3- 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.” The matter has been compromised. The dispute is personal. In view of the settled position of law, it is a 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 FIR in the interest of justice to promote peace and harmony. Accordingly, the present petition is allowed and FIR No.42 dated 22.03.2006 registered under Sections 382, 342, 332, 353, 186, 323, 506, 148, 149 IPC read with Section 25, 27, 54/59 of Arms Act at Police Station B-Division, Amritsar and all subsequent proceedings arising therefrom are hereby quashed in the interest of justice. 2.3.2010 ( NIRMALJIT KAUR ) rajeev JUDGE