Crl. Misc. No.M-10660 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-10660 of 2009 Date of Decision: 18.05.2010 Gaje Singh ....Petitioner Versus State of Haryana ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. Narinder Singh, Advocate for the petitioner. Mr. Pradeep Virk, D.A.G., Haryana for the respondent-State. Mr. Parminder Singh, 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.40 dated 16.01.2009 under Sections 420, 467, 468, 471 IPC registered at Police Station Karnal City, District Karnal and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties. The FIR, in question, was got registered by Ram Lal Goel, Inspector, Food and Supply Department, Karnal by the Order of DFSC, Karnal against the present petitioner on the allegation that the present petitioner has not handed over the bonus to the farmers which was given by the DFSC, Karnal to the petitioner to distribute the same amongst the farmers. However, the matter has been compromised with the aggrieved Crl. Misc. No.M-10660 of 2009 2 parsons. The statement of respondent No.2 has been recorded authenticating the compromise. A separate statement of Ravinder Malik, DFSC, Karnal authenticating the compromise has also been recorded in the Court today. As per the statement, Ravinder Malik, DFSC, Karnal has no objection, if the FIR, in question, is quashed. 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 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 Crl. Misc. No.M-10660 of 2009 3 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.” Taking into account that the allegation in the FIR, the compromise, and the statement before this Court by respondent No.2, as well as, the complainant authenticating the compromise, 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. Accordingly, the present petition is allowed and FIR No.40 dated 16.01.2009 under Sections 420, 467, 468, 471 IPC registered at Police Station Karnal City, District Karnal and all subsequent proceedings arising therefrom are hereby quashed in the interest of justice. (NIRMALJIT KAUR) 18.05.2010 JUDGE gurpreet