IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-17565 of 2009 Date of Decision:- 21.07.2009 Parkash Rani and others ....Petitioner(s) vs. State of Punjab and another ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Pawan Kumar, Sr. Advocate with Mr.Swapan Shorey, Advocate, for the petitioners. Mr.Amandeep Singh Rai, AAG, Punjab. Mr.D.S.Brar, Advocate, for the complainant. *** AUGUSTINE GEORGE MASIH, J. (Oral) The present petition has been preferred by the petitioners wherein prayer has been made for quashing of F.I.R.No.48 dated 19.4.207 under Sections 406, 420, 498-A, 506 IPC registered at Police Station Fatehgarh Sahib and all consequential proceedings arising therefrom, on the basis of the compromise dated 28.5.2009 (Annexure P-2) vide which the parties have amicably settled all disputes between them whether criminal or civil. Counsel for the petitioners states that in compliance to and in accordance with the compromise, both the parties have exchanged the goods which was required to be done. The only part which was required to be complied with by the petitioners, as per the compromise, was to hand Crl.Misc.No.M-17565 of 2009 -2- over the remaining amount of Rs.2,25,000/-. Counsel for the petitioners has handed over draft No.133657 dated 20.7.2009 amounting to Rs.2,25,000/- in the name of Neeru Mehta drawn at State Bank of Patiala, Sirhind Mandi to the complainant-Neeru Mehta, who has accepted the same and in the light of the receipt of the said amount, has no objection to quashing of the F.I.R. and all other consequential proceedings arising therefrom. Complainant Neeru Mehta, who is present in Court, and is identified by her counsel has filed her affidavit, according to which all conditions as mentioned in the compromise have been complied with and further, it has been stated that she has no objection in case the F.I.R. in question and all other consequential proceedings which were initiated on her complaint/statement be quashed in view of the compromise. In view of the amicable settlement of the dispute between the parties, which is primarily in the nature of matrimonial dispute which had arisen between them and they having settled the dispute, would give a new lease of life to settle in their lives and to part ways like friends so that no further disruption in each other's life comes into existence because of the initial misunderstanding and grudge which had come into play between them, the Court is of the considered view that no useful purpose would be served in case the F.I.R and all other consequential proceedings arising therefrom are allowed to continue. A Larger Bench of this Court in the case of Kulwinder Singh & Ors. Vs. State of Punjab & Anr. 2007(3) RCR (Criminal) 1052, 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 Crl.Misc.No.M-17565 of 2009 -3- offence(s), has 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 Crl.Misc.No.M-17565 of 2009 -4- of law and to secure the ends of justice.” Therefore, in view of the discussion above, since the parties have amicably settled the matter, which is otherwise in the interest of justice and appears to have been effected to promote peace and harmony amongst the parties, the instant petition is allowed. Consequently, F.I.R.No.48 dated 19.4.207 under Sections 406, 420, 498-A, 506 IPC registered at Police Station Fatehgarh Sahib and all consequential proceedings arising therefrom are hereby quashed. July 21, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE