Crl. Misc.No.M-13198 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-13198 of 2011 Date of Decision: 30 - 5 - 2011 Girdavr Singh .....Petitioner v. State of Punjab and another .....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Karanjit Singh, Advocate for the petitioner. Mr.B.S.Sra, Addl.A.G., Punjab. Mr.Jagdeep Singh, Advocate for respondent No.2. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.92 dated 2.5.2008 registered at Police Station City Tarn Taran under Sections 420, 406 IPC along with all subsequent proceedings, on the basis of compromise dated 9.4.2011, Annexure P2. FIR was lodged by Dalwinder Singh. It was stated therein that he is a Non Resident Indian and a citizen of United States of America. In September, 2007, he entered into an agreement to sell with accused- petitioner Girdavr Singh and paid Rs.20 lacs to him for purchase of a plot. Crl. Misc.No.M-13198 of 2011 [2] It is stated that the plot in question was involved in a litigation and, therefore, the sale deed could not be executed. On the request made by the complainant to the accused-petitioner that the amount be returned, he refused to do so and hence had cheated the complainant-respondent No.2. Dalwinder Singh complainant-respondent No.2 is present in Court. He is identified by his counsel Mr.Jagdeep Singh, Advocate. ASI Dalip Singh, Police Station City Tarn Taran who is present in Court to assist the State counsel has also identified complainant Dalwinder Singh. Complainant-respondent No.2 has stated that he has received the amount which he has given to the accused-petitioner. He has further stated that it was a commercial transaction and since the amount has been returned, he intends to buy his peace of mind, as he will not be able to pursue the litigation while settled in United States of America. It is further stated that in order to promote amity, harmony and everlasting peace, the present FIR be 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 under 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 Crl. Misc.No.M-13198 of 2011 [3] 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 of law and to secure the ends of justice. 30. The power under Section 482 of the Cr.P.C. is to be exercised Ex-Debitia Justitia to prevent an abuse of process of Court. There can neither be an exhaustive list nor the defined para-meters to enable a High Court to invoke or exercise its inherent powers. It will always depend upon the facts and circumstances of each case. The power under Section 482 of the Cr.P.C. has no limits. However, the High Court will exercise it sparingly and with utmost care and caution. The exercise of power has to be with circumspection and restraint. The Court is a vital and an extra-ordinary effective instrument to maintain and control social order. The Courts play role of Crl. Misc.No.M-13198 of 2011 [4] paramount importance in achieving peace, harmony and ever- lasting congeniality in society. Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of a Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery.” After hearing counsel for the parties, taking into consideration the nature of offence and ratio of law laid down in Kulwinder Singh's case (supra), the present petition is accepted. The impugned FIR along with all subsequent proceedings is quashed. ( KANWALJIT SINGH AHLUWALIA ) May 30, 2011. JUDGE RC