IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M-35897 of 2009 Date of Decision:4.3.2010 Kulwant Singh and others .... Petitioners Versus State of Punjab and another .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. Sandeep Jasuja, Advocate for the petitioners. Mr. K.S. Pannu, D.A.G. Punjab. Mr. Kapil Khanna, 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.129 dated 3.08.2002 registered under Sections 498/406/506 IPC at Police Station Khuian Server and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties. The FIR in question is a result of matrimonial dispute. The matter has since been compromised. Petitioner No.1 and respondent No.2 herein filed a petition under Section 13(B) of Hindu Marriage Act, for dissolution of marriage by mutual consent in the Court of ACJ (Sr. Divn.) Fazilka wherein petitioner No.1 made a statement to the effect that he has agreed to pay maintenance alimony in lumpsum of Rs.6,00,000/- to respondent No.2 at the time of final statement in the Court. He has further made a statement that he will keep the custody of his son namely Jatinder Singh. In the aforesaid petition, respondent No.2 has also made a statement to the same effect. The statements of petitioner No.1 and respondent No.2 CRM M-35897 of 2009 -2- are placed on record as Annexure P-2 and P-3. In view of the said statements, the marriage between petitioner No.1 and respondent No.2 stands dissolved by mutual consent and divorce under Section 13-B of the Hindu Marriage Act has since been granted. A separate statement of respondent No.2 has also been recorded in the Court today to the same effect. 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 CRM M-35897 of 2009 -3- 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.” The matter has been compromised. The present case is personal in nature and the same is out come of matrimonial dispute. 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. to accept the compromise and quash the FIR in the interest of justice to promote peace and harmony. Accordingly, the present petition is allowed and FIR No.129 dated 3.08.2002 registered under Sections 498/406/506 IPC at Police Station Khuian Server and all subsequent proceedings arising therefrom are hereby quashed in the interest of justice. 4.3.2010 ( NIRMALJIT KAUR ) rajeev JUDGE