Crl. Misc. No. M-12175 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-12175 of 2011 (O&M) DATE OF DECISION: November 9, 2011 Ravinder Singh .....Petitioner VERSUS State of Punjab and another ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH Present: Mr. Nakul Sharma, Advocate, for the petitioner. Mr. Gaurav Garg Dhuriwala, Deputy Advocate General, Punjab. Mr. P.S. Cheema, Advocate, for the complainant/respondent No. 2. **** RANJIT SINGH, J. (ORAL) Prayer is to quash impugned FIR No. 221 dated 02.10.2010, registered under Sections 420, 506 and 294 IPC at Police Station Maqsudan, District Jalandhar on the basis of a compromise. The copy of the compromise has been placed on record of the case as Annexure P2. This FIR was registered at the instance of respondent No. 2. Respondent No. 2 is doing the work of supplying zinc and has other business relations with the petitioner. Respondent No. 2 has alleged that he had supplied zinc to the petitioner worth Rs. 35,85,489/- on different dates. The petitioner had allegedly assured the complainant that this amount would be paid. The Crl. Misc. No. M-12175 of 2011 (O&M) 2 petitioner, however, did not make any payment. Rather, the petitioner has flatly refused to pay back money and, thus, the respondent states that he stood defrauded. The FIR was accordingly lodged. The parties have now reached a compromise on the intervention of respectables of the locality. The respondent No. 2 has agreed not to further proceed with the FIR. As per the compromise, it has been settled that the petitioner would pay a sum of Rs. 20 lacs out of which Rs. 7 lacs have already been paid. Balance amount of Rs. 13 lacs is to be paid in the monthly installment of rupees One lac each. The said compromise is not under any pressure. Since the dispute has already been amicably settled, the present petition has been filed on the basis of the compromise. On 25.04.2011, the parties were directed to appear before the Illaqa Magistrate to get their statements recorded in regard to the compromise. Parties had accordingly appeared before the Illaqa Magistrate and have got their statements recorded. The Illaqa Magistrate has also given his report that this compromise is genuine and is not due to any pressure etc. The copy of the report and the statements have also been sent to this Court by the Illaqa Magistrate which are on record. I have perused the statements of the parties. It is, thus, clear that the parties have reached the compromise willingly and out of their free will. The complainant is present before me and says that the petitioner is discharging his liability by paying the monthly installments. However, a sum of Rs. 12 lacs is still due for payment. The complainant, however, does not make any grievance and says that he has full faith in the petitioner. Respondent states that he is in Crl. Misc. No. M-12175 of 2011 (O&M) 3 business dealing with the petitioner and so the petitioner is not likely to default in making the payment as agreed by him. Since the complainant is satisfied with this arrangement, no cause or reason is made out to doubt the petitioner. A case is made out to end this criminal proceedings. If allowed to continue then it will be exercise in futility. As per the law laid down by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3), RCR (Criminal), 1052, power under Section 482 Cr.P.C. cannot have fetters and it cannot be eclipsed by any contingencies and the same cannot be made diminutive in sense and substance and cannot be a hostage to one class or category of cases. As held in this case, compromise in a modern society is the sine-qua-non of harmony and orderly behaviour. It is a soul of justice and if the power under Section 482 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. There is no hindrance before this Court in quashing FIR No. 221 dated 02.10.2010, registered under Sections 420, 506 and 294 IPC on the basis of compromise. The present petition is accordingly allowed. FIR No. 221 dated 02.10.2010, registered under Sections 420, 506 and 294 IPC and all subsequent proceedings are hereby quashed. November 9, 2011 ( RANJIT SINGH ) amodh JUDGE