CRM No.M 13425 of 2010 # 1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANAT AT CHANDIGARH. CRM No.M 13425 of 2010 Date of Decision:-14.07.2010 Harmeek Singh. ......Petitioner. Versus State of Punjab & Ors. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. Munish Behl, Advocate for the Petitioner. Mr. Gaurav Garg Dhuriwala, AAG Punjab. Mr. Namit Singh Mehta, Advocate for Respondents No.2. JASWANT SINGH, J.(ORAL) Crl. Misc.No.24030 & 24031 of 2010 Applications seeking permission to place on record Annexures P-1 to P-5 and for exempting from filing of certified copies of Annexures P-1 to P-5 are allowed and P-1 to P-5 are taken on record as prayed for. Crl. Misc.No.M 13425 of 2010 Present petition under section 482 Cr.PC is for quashing of FIR No.87 dated 29.05.2002 under section 406/498-A of the Indian CRM No.M 13425 of 2010 # 2# Penal Code, registered at Police Station Islamabad, Amritsar and the subsequent proceedings on the basis of compromise(Annexure P-4) arrived at between the accused/petitioner and the complainant- respondent no.2. In the FIR complainant Rajwinder Kaur had made allegations against the accused/petitioner that he had maltreated the complainant-respondent no.2 on account of bringing insufficient dowry. Now Rajwinder Kaur-complainant has filed her affidavit (Annexure P-5) stating therein that she has no objection if in terms of the compromise(Annexure P-4) the aforesaid FIR and all the subsequent proceedings thereto are quashed. Complainant Rajwinder Kaur as well as petitioner Harmeet Singh both are present in the court and they have been identified by their counsel Mr. Namit Singh Mehta and Mr. Munish Behl, Advocates respectively. Both the complainant as well as the petitioner-accused have admitted the terms and conditions of the compromise deed and Affidavit (Annexures P-4 and P-5) respectively. Complainant vide her separate statement stated that in terms of compromise she has no objection in case the aforesaid FIR and subsequent proceedings thereto are quashed. A Full Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052 has held that this Court, in appropriate cases, while exercising powers under Section 482 CRM No.M 13425 of 2010 # 3# Cr.P.C., may quash an FIR disclosing the commission of non- compoundable offences. The relevant extracts read 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.” Similar views were expressed by Hon'ble the Apex Court in Madan Mohan Abot v. State of Punjab 2008(4) SCC 582, the relevant extract of which is 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.” Keeping in view the above settled legal position and taking into account the fact that both the parties have desired to live in peace and harmony and carry on with their lives without any ill will or rancour by resolving their differences and entering into the aforesaid compromise, it is CRM No.M 13425 of 2010 # 4# evident that it is a fit case where there is no legal impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C., for quashing of the FIR in the interest of justice. Accordingly, the present petition is allowed and FIR No.87 dated 29.05.2002 under section 406/498-A of the Indian Penal Code, registered at Police Station Islamabad, Amritsar and all subsequent proceedings arising therefrom, are quashed. ( JASWANT SINGH ) JUDGE 12th July, 2010 Vinay.