Crl. Misc. No.M-34497 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-34497 of 2009 Date of Decision: 27.01.2010 Parteek Sharma ....Petitioner Versus State of Haryana and another ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. Ashok Tyagi, Advocate for the petitioner. Mr. Pradeep Virk, D.A.G., Haryana Ms. Sukhpreet Kaur, 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.120 dated 22.05.2009 registered under Sections 406 and 498-A of IPC at Police Station Sector 36, Chandigarh and consequential proceedings arising therefrom on the basis of compromise entered into between the parties. The petitioner was married with respondent No.2 on 30.11.2007. Subsequently, due to certain differences between the parties, the FIR was got registered against the present petitioner by respondent No.2-Monika Joshi wife of Sh. Parteek Sharma. Now with the intervention of the respectables of both the families, the matter has been compromised Crl. Misc. No.M-34497 of 2009 2 between the petitioner and the complainant/respondent No.2. As per the compromise, all the disputes have been settled between the parties and the complainant respondent No.2-Monika Joshi does not wish to pursue the above mentioned FIR against the petitioner. An affidavit was also executed affirming the factum of compromise and the same is placed on record. Separate statements of both the parties have also been recorded. As per the compromise, as well as the statement made by respondent No.2-Monika Joshi, the matter has been compromised and she has no objection, if the said FIR is quashed. She undertakes to abide by the compromise. The petitioner, too, undertakes to abide by the compromise. The matter is personal in nature and the same arises out of a matrimonial dispute. The matter having 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. 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 Crl. Misc. No.M-34497 of 2009 3 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 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.” In view of the facts of the present case and taking into account that the same arises out of a matrimonial dispute, there is no impediment in quashing of the said FIR on the basis of the compromise. Taking into account the affidavit, the statements and the compromise, the ends of justice would be met if the FIR is quashed. Accordingly, the present petition is allowed and FIR No.120 dated 22.05.2009 registered under Sections 406 and 498-A of IPC at Police Station Sector 36, Chandigarh and consequential proceedings arising therefrom are hereby quashed in the interest of justice. (NIRMALJIT KAUR) 27.01.2010 JUDGE gurpreet